D Morgan Plc, R (on the application of) v The Welsh Ministers & Anor (Rev 1)

D Morgan Plc, R (on the application of) v The Welsh Ministers & Anor (Rev 1)

The Inspector correctly applied the test of unreasonableness under Circular 23/93, considered all material factors, and was entitled to conclude the Council's conduct was not unreasonable despite the technical defect in the enforcement notice. There was no procedural unfairness in the approach to evidence or findings relevant to costs.

Parties
Claimant: D Morgan PLC; First Defendants: Welsh Ministers; Second Defendants: Flintshire County Council
Jurisdiction
England and Wales
Judgment Date
05 July 2011
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Costs in Planning Proceedings, Enforcement Notices, Procedural Fairness
Administrative Law Planning Law Judicial Review Costs in Planning Proceedings Enforcement Notices Procedural Fairness

Case Brief

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Parties

D Morgan PLC

Claimant

Welsh Ministers

First Defendants

Flintshire County Council

Second Defendants

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector misunderstood or misapplied Welsh Office Circular 23/93 in refusing costs against the Council
  2. 2 Whether the Inspector was guilty of procedural unfairness in his approach to evidence and findings relevant to costs

Ratio Decidendi

The Inspector correctly applied the test of unreasonableness under Circular 23/93, considered all material factors, and was entitled to conclude the Council's conduct was not unreasonable despite the technical defect in the enforcement notice. There was no procedural unfairness in the approach to evidence or findings relevant to costs.

Court Disposition

Application for judicial review dismissed