Judge, R (on the application of) v The First Secretary of State & Anor
All grounds of challenge are misconceived; the Secretary of State acted within statutory powers, had sufficient information, and lawfully granted listed building consent for the relocation of the statue, including all relevant components, subject to appropriate conditions.
- Parties
- Claimant: Judge; First Defendant: First Secretary of State; Second Defendant: Middlesbrough Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 28 April 2005
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Listed Building Consent, Statutory Interpretation, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Judge
Claimant
First Secretary of State
First Defendant
Middlesbrough Borough Council
Second Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Secretary of State's decision to grant listed building consent was within the powers of the Planning (Listed Buildings and Conservation Areas) Act 1990
- 2 Whether the Secretary of State had sufficient information to make the decision
- 3 Whether the description of the statue/memorial was adequate
Ratio Decidendi
All grounds of challenge are misconceived; the Secretary of State acted within statutory powers, had sufficient information, and lawfully granted listed building consent for the relocation of the statue, including all relevant components, subject to appropriate conditions.
Court Disposition
Application dismissed
Orders
- Claimant to pay First Defendant's costs, summarily assessed at £6,280
- No order as to costs in favour of Second Defendant
Full Case Text
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