Jopling v Richmond-Upon-Thames London Borough Council & Anor

Jopling v Richmond-Upon-Thames London Borough Council & Anor

The consultation on Main Modifications was procedurally unfair and ineffective because it failed to make clear that the removal of the Local Green Space designation for Udney Park Playing Fields was proposed, depriving interested parties of a fair opportunity to make representations. This procedural defect caused substantial prejudice and may have affected the outcome. The sustainability appraisal consultation was similarly flawed, and the process breached both domestic and EU requirements for effective public participation.

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
Judicial Review (planning Statutory Review) / Judgment After Full Hearing
Outcome
Claim allowed; grounds 1, 2, and 3 succeed.
Legal Topics
Local Plan Adoption, Procedural Fairness in Consultation, Sustainability Appraisal, Environmental Assessment Directive, Main Modifications in Planning, Statutory Interpretation
Administrative Law Planning Law Environmental Law Local Plan Adoption Procedural Fairness in Consultation Sustainability Appraisal Environmental Assessment Directive Main Modifications in Planning +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

Judicial Review (planning Statutory Review) / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the consultation on Main Modifications (MMs) to the Local Plan was procedurally fair and effective, specifically 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 UK regulations

Ratio Decidendi

The consultation on Main Modifications was procedurally unfair and ineffective because it failed to make clear that the removal of the Local Green Space designation for Udney Park Playing Fields was proposed, depriving interested parties of a fair opportunity to make representations. This procedural defect caused substantial prejudice and may have affected the outcome. The sustainability appraisal consultation was similarly flawed, and the process breached both domestic and EU requirements for effective public participation.

Court Disposition

Claim allowed; grounds 1, 2, and 3 succeed.