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's challenge has a real prospect of success and the balance of convenience favours granting an interim injunction to prevent the referendum pending determination of the claim, given the absence of prejudice to the Council and the risk of confusion if the referendum result were later quashed.

Citation
[2019] EWHC 2633 (QB)
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 Prior to Issue of Claim Form
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Neighbourhood Planning, Local Green Space Designation
Administrative Law Planning Law Interim Injunctions Neighbourhood Planning Local Green Space Designation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

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 Prior to Issue of Claim Form

Legal Issues

  1. 1 Whether the Council lawfully decided the Neighbourhood Plan could proceed to referendum
  2. 2 Whether the Council had regard to national policy requirements for Local Green Space designation
  3. 3 Whether interim relief should be granted to prevent the referendum

Ratio Decidendi

The Applicant's challenge has a real prospect of success and the balance of convenience favours granting an interim injunction to prevent the referendum pending determination of the claim, given the absence of prejudice to the Council and the risk of confusion if the referendum result were later quashed.

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.