Ardagh Glass Ltd v Chester City Council & Anor [2009] EWHC 745 (Admin) (08 April 2009)

Ardagh Glass Ltd v Chester City Council & Anor [2009] EWHC 745 (Admin) (08 April 2009)

The Defendant Councils erred in law by treating the Quinn Glass development as a single operation for the purposes of the four-year enforcement period, failing to consider that substantial completion of distinct elements may have occurred earlier. There is a real risk that immunity from enforcement could arise if notices are not issued immediately. The Councils' discretion is overridden by the need to comply with the objectives of the EIA Directive and to prevent unlawful regularisation. A mandatory order is granted requiring the Councils to issue enforcement notices within 14 days, requiring removal of the Quinn Glass buildings and cessation of activities.

Citation
[2009] EWHC 745 (Admin)
Parties
Claimant: Ardagh Glass Limited; First Defendant: Chester City Council; Second Defendant: Ellesmere Port and Neston Borough Council; Interested Party: Quinn Glass Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Judicial Review / Judgment on Rolled Up Application for Permission and Substantive Relief
Outcome
Application granted. Mandatory order issued.
Legal Topics
Enforcement of Planning Control, Retrospective Planning Permission, Environmental Impact Assessment (eia), Interpretation of Town and Country Planning Act 1990, EU Directive 85/337/eec Compliance
Planning Law Environmental Law Administrative Law European Union Law Enforcement of Planning Control Retrospective Planning Permission Environmental Impact Assessment (eia) Interpretation of Town and Country Planning Act 1990 +1 more

Case Brief

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Parties

Ardagh Glass Limited

Claimant

Chester City Council

First Defendant

Ellesmere Port and Neston Borough Council

Second Defendant

Quinn Glass Limited

Interested Party

Procedural Posture

Judicial Review / Judgment on Rolled Up Application for Permission and Substantive Relief

Legal Issues

  1. 1 Whether the Defendant Councils are required to take immediate enforcement action against unlawful EIA development by Quinn Glass Ltd to prevent immunity from enforcement under the four-year rule.
  2. 2 Whether it is lawful under domestic and EU law to grant retrospective planning permission for EIA development carried out without prior consent and assessment.

Ratio Decidendi

The Defendant Councils erred in law by treating the Quinn Glass development as a single operation for the purposes of the four-year enforcement period, failing to consider that substantial completion of distinct elements may have occurred earlier. There is a real risk that immunity from enforcement could arise if notices are not issued immediately. The Councils' discretion is overridden by the need to comply with the objectives of the EIA Directive and to prevent unlawful regularisation. A mandatory order is granted requiring the Councils to issue enforcement notices within 14 days, requiring removal of the Quinn Glass buildings and cessation of activities.

Court Disposition

Application granted. Mandatory order issued.

Orders

  • Both Defendant Councils and their successors must issue, within 14 days, enforcement notices in respect of the unlawful Quinn Glass development.
  • The enforcement notices must require removal of the Quinn Glass buildings and works and cessation of Quinn Glass activities.