Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2019] EWHC 2633 (QB) (08 October 2019)

Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2019] EWHC 2633 (QB) (08 October 2019)

The Applicant demonstrated a real prospect of success on the merits of the claim that the Council failed to properly consider the requirements for Local Green Space designation under national policy. The balance of convenience favoured granting the interim injunction to preserve the status quo and avoid confusion and prejudice, as there was no evidence of prejudice to the Council or public interest in proceeding with the referendum before the legal challenge is determined.

Citation
[2019] EWHC 2633
Parties
Claimant/applicant: Lochailort Investments Limited; Defendant/respondent: Mendip District Council; Interested Party: Norton St Philip Parish Council
Jurisdiction
England and Wales
Judgment Date
08 October 2019
Procedural Posture
Judicial Review (application for Interim Injunction) / Interim Relief Application Prior to Issue of Claim Form
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Neighbourhood Planning, Local Green Space Designation, Judicial Review Procedure
Administrative Law Planning Law Public Law Interim Injunctions Neighbourhood Planning Local Green Space Designation Judicial Review Procedure

Case Brief

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Parties

Lochailort Investments Limited

Claimant/applicant

Mendip District Council

Defendant/respondent

Norton St Philip Parish Council

Interested Party

Procedural Posture

Judicial Review (application for Interim Injunction) / Interim Relief Application Prior to Issue of Claim Form

Legal Issues

  1. 1 Whether the Council's decision to proceed to a referendum on the Norton St Philip Neighbourhood Plan was lawful
  2. 2 Whether the requirements for Local Green Space designation under the National Planning Policy Framework were properly considered
  3. 3 Whether interim relief should be granted to restrain the holding of the referendum pending judicial review

Ratio Decidendi

The Applicant demonstrated a real prospect of success on the merits of the claim that the Council failed to properly consider the requirements for Local Green Space designation under national policy. The balance of convenience favoured granting the interim injunction to preserve the status quo and avoid confusion and prejudice, as there was no evidence of prejudice to the Council or public interest in proceeding with the referendum before the legal challenge is determined.

Court Disposition

Interim injunction granted

Orders

  • The Respondent must take all steps necessary to cancel the referendum on the draft Norton St Philip Neighbourhood Plan due to be held on 17 October 2019.
  • The Respondent is forbidden from holding a referendum on the Norton St Philip Neighbourhood Plan until the disposal of these judicial review proceedings, or until an order of the court provides otherwise.