Younger Homes (Northern) Ltd. v First Secretary of State & Anor

Younger Homes (Northern) Ltd. v First Secretary of State & Anor

The screening opinion was lawfully made by Mr Raper, who had actual delegated authority from the Director of Environmental Services under the operative scheme of delegation. Procedural breaches in failing to notify the applicant and place the opinion on the register did not render the planning permission ultra vires as no substantial prejudice to the appellant was shown. The trial was not unfair as the new evidence on delegation did not affect the outcome.

Parties
Claimant/appellant: Younger Homes (Northern) Limited; First Defendant/respondent: First Secretary of State; Second Defendant/respondent: Calderdale Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
30 June 2004
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Delegation of Authority, Procedural Fairness, Judicial Review, Planning Permission
Planning Law Administrative Law Environmental Law Environmental Impact Assessment Delegation of Authority Procedural Fairness Judicial Review Planning Permission

Case Brief

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Parties

Younger Homes (Northern) Limited

Claimant/appellant

First Secretary of State

First Defendant/respondent

Calderdale Metropolitan Borough Council

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the screening opinion was lawfully made under the relevant delegation scheme
  2. 2 Whether procedural breaches (failure to notify applicant and place screening opinion on register) rendered the planning permission unlawful
  3. 3 Whether the trial was unfair due to inaccurate evidence on delegation

Ratio Decidendi

The screening opinion was lawfully made by Mr Raper, who had actual delegated authority from the Director of Environmental Services under the operative scheme of delegation. Procedural breaches in failing to notify the applicant and place the opinion on the register did not render the planning permission ultra vires as no substantial prejudice to the appellant was shown. The trial was not unfair as the new evidence on delegation did not affect the outcome.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay first respondent's costs, subject to detailed assessment