Judge, R (on the application of) v The First Secretary of State & Anor [2005] EWHC 887 (Admin) (28 April 2005)

Judge, R (on the application of) v The First Secretary of State & Anor [2005] EWHC 887 (Admin) (28 April 2005)

The Secretary of State lawfully granted listed building consent for the relocation of the Sir Samuel Sadler statue, having sufficient information and acting within statutory powers; the consent properly covered the entire memorial, and the statutory code permits demolition and reconstruction (relocation) regardless of any realty/personalty distinction.

Citation
[2005] EWHC 887 (Admin)
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 / Final Judgment
Outcome
Application dismissed
Legal Topics
Listed Building Consent, Planning (listed Buildings and Conservation Areas) Act 1990, Judicial Review of Planning Decisions, Statutory Interpretation, Costs in Judicial Review
Administrative Law Planning Law Listed Building Consent Planning (listed Buildings and Conservation Areas) Act 1990 Judicial Review of Planning Decisions Statutory Interpretation Costs in Judicial Review

Case Brief

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Parties

Judge

Claimant

First Secretary of State

First Defendant

Middlesbrough Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's grant of listed building consent for relocation of the Sir Samuel Sadler statue was lawful under the Planning (Listed Buildings and Conservation Areas) Act 1990
  2. 2 Whether the Secretary of State had sufficient information to make the decision
  3. 3 Whether the consent properly covered the entirety of the memorial, including plinth and wall

Ratio Decidendi

The Secretary of State lawfully granted listed building consent for the relocation of the Sir Samuel Sadler statue, having sufficient information and acting within statutory powers; the consent properly covered the entire memorial, and the statutory code permits demolition and reconstruction (relocation) regardless of any realty/personalty distinction.

Court Disposition

Application dismissed

Orders

  • Claimant to pay First Defendant's costs, summarily assessed at £6,280
  • No order as to costs for Second Defendant