Jopling v Richmond-Upon-Thames London Borough Council & Anor [2019] EWHC 190 (Admin) (08 February 2019)

Jopling v Richmond-Upon-Thames London Borough Council & Anor [2019] EWHC 190 (Admin) (08 February 2019)

The consultation process on the Main Modifications was procedurally unfair and inadequate because it failed to make clear that de-designation of Udney Park Playing Fields as Local Green Space was proposed, depriving interested parties of a fair opportunity to make representations. This procedural defect caused substantial prejudice and vitiated the adoption process. The sustainability appraisal consultation was similarly flawed, and the requirements of the Environmental Assessment Directive were not met.

Citation
[2019] EWHC 190 (Admin)
Parties
Claimant: Mark Jopling; First Defendant: Richmond-upon-Thames London Borough Council; Second Defendant: Secretary of State for Housing, Communities and Local Government; Interested Party: Quantum Teddington LLP
Jurisdiction
England and Wales
Judgment Date
08 February 2019
Procedural Posture
Planning Statutory Review / Judgment After Hearing
Outcome
Claim succeeded on all grounds; relief to be determined at a subsequent hearing.
Legal Topics
Local Plan Adoption, Procedural Fairness, Consultation Requirements, Sustainability Appraisal, Environmental Assessment Directive, Local Green Space Designation
Planning Law Administrative Law Environmental Law Local Plan Adoption Procedural Fairness Consultation Requirements Sustainability Appraisal Environmental Assessment Directive +1 more

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Parties

Mark Jopling

Claimant

Richmond-upon-Thames London Borough Council

First Defendant

Secretary of State for Housing, Communities and Local Government

Second Defendant

Quantum Teddington LLP

Interested Party

Procedural Posture

Planning Statutory Review / Judgment After Hearing

Legal Issues

  1. 1 Whether the consultation on Main Modifications (MMs) to the Local Plan was procedurally fair and effective, particularly regarding the de-designation of Udney Park Playing Fields as Local Green Space (LGS)
  2. 2 Whether the sustainability appraisal consultation was adequate in light of the MMs
  3. 3 Whether there was a breach of Article 6(2) of Directive 2001/42/EEC and related regulations

Ratio Decidendi

The consultation process on the Main Modifications was procedurally unfair and inadequate because it failed to make clear that de-designation of Udney Park Playing Fields as Local Green Space was proposed, depriving interested parties of a fair opportunity to make representations. This procedural defect caused substantial prejudice and vitiated the adoption process. The sustainability appraisal consultation was similarly flawed, and the requirements of the Environmental Assessment Directive were not met.

Court Disposition

Claim succeeded on all grounds; relief to be determined at a subsequent hearing.