London Borough of Hillingdon & Ors v The Secretary of State for Transport & Ors [2017] EWHC 121 (Admin) (30 January 2017)

London Borough of Hillingdon & Ors v The Secretary of State for Transport & Ors [2017] EWHC 121 (Admin) (30 January 2017)

Section 13 of the Planning Act 2008 precludes the court from entertaining judicial review proceedings relating to a national policy statement or anything done in its preparation except within the six-week period after designation or publication. The Secretary of State's decision of 25 October 2016 was an act in the course of preparing the NPS. As neither designation nor publication has occurred, the court has no jurisdiction to hear the claim, which must be struck out.

Citation
[2017] EWHC 121 (Admin)
Parties
Claimant/respondent: London Borough of Hillingdon; Claimant/respondent: London Borough of Wandsworth; Claimant/respondent: London Borough of Richmond-upon-Thames; Claimant/respondent: Royal Borough of Windsor and Maidenhead; Claimant/respondent: Greenpeace Limited; Claimant/respondent: Christine Taylor; Defendant/applicant: The Secretary of State for Transport; Interested Party: Department for Environment, Food and Rural Affairs; Interested Party: Heathrow Airport Holdings Limited; Interested Party: Gatwick Airport Limited; Interested Party: Transport for London; Interested Party: The Mayor of London
Jurisdiction
England and Wales
Judgment Date
30 January 2017
Procedural Posture
Judicial Review / Strike Out Application (jurisdictional Challenge)
Outcome
Claim struck out for want of jurisdiction
Legal Topics
Judicial Review, National Policy Statements, Planning Act 2008, Jurisdictional Bars, Time Limited Legal Challenges, Environmental Consultation, Aarhus Convention
Administrative Law Planning Law Environmental Law Judicial Review National Policy Statements Planning Act 2008 Jurisdictional Bars Time Limited Legal Challenges +2 more

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Parties

London Borough of Hillingdon

Claimant/respondent

London Borough of Wandsworth

Claimant/respondent

London Borough of Richmond-upon-Thames

Claimant/respondent

Royal Borough of Windsor and Maidenhead

Claimant/respondent

Greenpeace Limited

Claimant/respondent

Christine Taylor

Claimant/respondent

The Secretary of State for Transport

Defendant/applicant

Department for Environment, Food and Rural Affairs

Interested Party

Heathrow Airport Holdings Limited

Interested Party

Gatwick Airport Limited

Interested Party

Transport for London

Interested Party

The Mayor of London

Interested Party

Procedural Posture

Judicial Review / Strike Out Application (jurisdictional Challenge)

Legal Issues

  1. 1 Whether section 13 of the Planning Act 2008 precludes judicial review of the Secretary of State's decision prior to designation/publication of a National Policy Statement
  2. 2 Whether the court has jurisdiction to hear the claim at this stage
  3. 3 Interpretation of time-limited jurisdictional bars in planning legislation

Ratio Decidendi

Section 13 of the Planning Act 2008 precludes the court from entertaining judicial review proceedings relating to a national policy statement or anything done in its preparation except within the six-week period after designation or publication. The Secretary of State's decision of 25 October 2016 was an act in the course of preparing the NPS. As neither designation nor publication has occurred, the court has no jurisdiction to hear the claim, which must be struck out.

Court Disposition

Claim struck out for want of jurisdiction

Orders

  • Claim form and grounds struck out under CPR r.3.4(2)(a)