Young, R (on the application of) v Oxford City Council [2002] EWCA Civ 990 (27 June 2002)

Young, R (on the application of) v Oxford City Council [2002] EWCA Civ 990 (27 June 2002)

The planning permission was granted as enabling development, but the council failed to bring a material consideration (the English Heritage policy statement) to the committee's attention; the application for judicial review was made promptly in the circumstances.

Citation
[2002] EWCA Civ 990
Parties
Claimant/applicant: John Martin Young; Defendant/respondent: Oxford City Council
Jurisdiction
England and Wales
Judgment Date
27 June 2002
Procedural Posture
Judicial Review (planning Permission) / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal allowed; planning permission quashed
Legal Topics
Judicial Review, Planning Permission, Listed Buildings, Enabling Development, Promptness in Judicial Review
Administrative Law Planning Law Judicial Review Planning Permission Listed Buildings Enabling Development Promptness in Judicial Review

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Parties

John Martin Young

Claimant/applicant

Oxford City Council

Defendant/respondent

Procedural Posture

Judicial Review (planning Permission) / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether Oxford City Council failed to consider a material consideration (English Heritage policy statement) in granting planning permission
  2. 2 Whether the planning permission was granted as enabling development without proper consideration of relevant policy
  3. 3 Whether the application for judicial review was made promptly

Ratio Decidendi

The planning permission was granted as enabling development, but the council failed to bring a material consideration (the English Heritage policy statement) to the committee's attention; the application for judicial review was made promptly in the circumstances.

Court Disposition

Appeal allowed; planning permission quashed

Orders

  • Application to admit fresh evidence allowed
  • Appeal allowed with costs here and below, summarily assessed at £11,903.25 and £9,234.77