Payne v Caerphilly County Borough Council

Payne v Caerphilly County Borough Council

The application in respect of the 1955 permission was valid and the Council was deemed to have determined that the conditions were those specified in the application, as the Environmental Impact Assessment Regulations did not apply to the development in question. Paragraph 9(1) does not apply to permissions that are no longer extant, so the Council was entitled to reject the application in respect of the 1961 permission.

Parties
Claimant/respondent: Clive Payne; Defendant/appellant: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
16 January 2003
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed; application for permission to appeal by Mr Payne refused
Legal Topics
Mineral Planning Permissions, Environmental Impact Assessment, Judicial Review, Statutory Interpretation
Planning Law Environmental Law Administrative Law Mineral Planning Permissions Environmental Impact Assessment Judicial Review Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Clive Payne

Claimant/respondent

Caerphilly County Borough Council

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the Council was deemed to have determined that the 1955 planning permission was subject to the conditions proposed by Mr Payne under paragraph 9 of Schedule 13 to the Environment Act 1995.
  2. 2 Whether the application in respect of the 1955 permission was valid under paragraph 9(2) of Schedule 13.
  3. 3 Whether the 1999 Environmental Impact Assessment Regulations disapplied paragraph 9(9) in this case.

Ratio Decidendi

The application in respect of the 1955 permission was valid and the Council was deemed to have determined that the conditions were those specified in the application, as the Environmental Impact Assessment Regulations did not apply to the development in question. Paragraph 9(1) does not apply to permissions that are no longer extant, so the Council was entitled to reject the application in respect of the 1961 permission.

Court Disposition

Appeal dismissed; application for permission to appeal by Mr Payne refused

Orders

  • Declaration that the Council was deemed to have determined that the 1955 permission was subject to the conditions proposed by Mr Payne.
  • Application for judicial review in respect of the 1961 permission dismissed.