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 an authorised officer, based on sufficient information and proper planning judgment. Procedural failings (failure to send to applicant, failure to place on register) did not cause substantial prejudice to the claimant and did not vitiate the planning permission. The Secretary of State was entitled to rely on the screening opinion. The application is dismissed.

Parties
Claimant: Younger Homes (Northern) Ltd; 1st Defendant: First Secretary of State; 2nd Defendant: Calderdale Metropolitan District Council
Jurisdiction
England and Wales
Judgment Date
26 November 2003
Procedural Posture
Judicial Review (planning) / Judgment and Costs Ruling
Outcome
Application dismissed
Legal Topics
Environmental Impact Assessment, Delegation of Authority, Procedural Fairness, Planning Permission, Judicial Review
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Delegation of Authority Procedural Fairness Planning Permission Judicial Review

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Parties

Younger Homes (Northern) Ltd

Claimant

First Secretary of State

1st Defendant

Calderdale Metropolitan District Council

2nd Defendant

Procedural Posture

Judicial Review (planning) / Judgment and Costs Ruling

Legal Issues

  1. 1 Whether the screening opinion under the Environmental Impact Assessment Regulations was lawful and valid
  2. 2 Whether procedural failings in the screening opinion process vitiated the grant of planning permission
  3. 3 Whether the Secretary of State's reliance on the local authority's screening opinion was lawful

Ratio Decidendi

The screening opinion was lawfully made by an authorised officer, based on sufficient information and proper planning judgment. Procedural failings (failure to send to applicant, failure to place on register) did not cause substantial prejudice to the claimant and did not vitiate the planning permission. The Secretary of State was entitled to rely on the screening opinion. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Costs awarded to First Secretary of State and Calderdale Metropolitan District Council, to be assessed if not agreed