Gerber, R (on the application of) v Wiltshire Council & Ors

Gerber, R (on the application of) v Wiltshire Council & Ors

The SCI did not create a legitimate expectation for Mr Gerber as his property did not adjoin the site; the Council complied with statutory notification requirements. Mr Gerber had no reasonable explanation for the delay in bringing judicial review proceedings, and the judge erred in extending time and quashing the planning permission. Relief should be refused due to unjustified delay, substantial financial hardship to Norrington and Terraform, and the need for certainty and good administration.

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 / Appeal From High Court Decision Extending Time and Quashing Planning Permission
Outcome
Appeal allowed; extension of time and quashing order set aside.
Legal Topics
Judicial Review, Legitimate Expectation, Delay, Planning Permission, Environmental Impact Assessment, Listed Buildings, Consultation, Remedial Discretion
Administrative Law Planning Law Environmental Law Judicial Review Legitimate Expectation Delay Planning Permission Environmental Impact Assessment +3 more

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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 / Appeal From High Court Decision Extending Time and Quashing Planning Permission

Legal Issues

  1. 1 Whether Wiltshire Council created a legitimate expectation of individual notification to Mr Gerber under its Statement of Community Involvement (SCI)
  2. 2 Whether the delay in bringing judicial review proceedings should be excused and time extended under CPR Part 54.5
  3. 3 Whether relief should be refused under section 31(6) of the Senior Courts Act 1981 due to substantial hardship, prejudice, or detriment to good administration

Ratio Decidendi

The SCI did not create a legitimate expectation for Mr Gerber as his property did not adjoin the site; the Council complied with statutory notification requirements. Mr Gerber had no reasonable explanation for the delay in bringing judicial review proceedings, and the judge erred in extending time and quashing the planning permission. Relief should be refused due to unjustified delay, substantial financial hardship to Norrington and Terraform, and the need for certainty and good administration.

Court Disposition

Appeal allowed; extension of time and quashing order set aside.

Orders

  • Judge's extension of time under CPR Part 54.5 set aside.
  • Order quashing planning permission set aside.