Gerber, R (on the application of) v Wiltshire Council & Ors [2016] EWCA Civ 84 (23 February 2016)

Gerber, R (on the application of) v Wiltshire Council & Ors [2016] EWCA Civ 84 (23 February 2016)

The Council's SCI did not create a legitimate expectation of direct notification to Mr Gerber as a non-adjoining owner. The Council complied with statutory notification requirements. Mr Gerber's delay in bringing judicial review was not justified, and reliance on legal advice did not excuse the delay. The judge erred in extending time and in granting relief. The balance of prejudice, financial hardship to the developers, and the need for certainty in planning decisions required refusal of relief and upholding the planning permission.

Citation
[2016] EWCA Civ 84
Parties
Claimant/respondent: Daniel Gerber; Defendant/1st Appellant: Wiltshire Council; Interested Party/2nd Appellant: Terraform Power Inc; Interested Party/2nd Appellant: Norrington Solar Farm Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2016
Procedural Posture
Judicial Review (planning) / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal
Outcome
Appeal allowed; High Court's extension of time and quashing order set aside; planning permission upheld.
Legal Topics
Judicial Review, Legitimate Expectation, Delay and Extension of Time, Planning Permission, Listed Buildings, Environmental Impact Assessment, Remedies and Discretion, Good Administration
Administrative Law Planning Law Environmental Law Public Law Judicial Review Legitimate Expectation Delay and Extension of Time Planning Permission +4 more

Case Brief

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Parties

Daniel Gerber

Claimant/respondent

Wiltshire Council

Defendant/1st Appellant

Terraform Power Inc

Interested Party/2nd Appellant

Norrington Solar Farm Limited

Interested Party/2nd Appellant

Procedural Posture

Judicial Review (planning) / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Council created a legitimate expectation of direct notification to Mr Gerber under its Statement of Community Involvement (SCI)
  2. 2 Whether the High Court judge erred in extending time for judicial review under CPR Part 54.5
  3. 3 Whether the judge erred in granting relief (quashing planning permission) under section 31(6) of the Senior Courts Act 1981 despite delay and prejudice to third parties

Ratio Decidendi

The Council's SCI did not create a legitimate expectation of direct notification to Mr Gerber as a non-adjoining owner. The Council complied with statutory notification requirements. Mr Gerber's delay in bringing judicial review was not justified, and reliance on legal advice did not excuse the delay. The judge erred in extending time and in granting relief. The balance of prejudice, financial hardship to the developers, and the need for certainty in planning decisions required refusal of relief and upholding the planning permission.

Court Disposition

Appeal allowed; High Court's extension of time and quashing order set aside; planning permission upheld.

Orders

  • Set aside the extension of time for judicial review under CPR Part 54.5.
  • Set aside the order quashing the planning permission.