Ashley, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2012] EWCA Civ 559 (29 March 2012)

Ashley, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2012] EWCA Civ 559 (29 March 2012)

The hearing was unfair because the appellant was not notified of late expert evidence central to the appeal, depriving him of the opportunity to respond; this breached the rules of natural justice and rendered the written representation procedure inappropriate in the circumstances.

Citation
[2012] EWCA Civ 559
Parties
Appellant/claimant: Robert Ashley; First Respondent/defendant: Secretary of State for Communities and Local Government; Second Respondent/defendant: London Borough of Greenwich; Third Respondent/defendant: Taylor Wimpey UK Ltd
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Judicial Review (planning Appeal) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Natural Justice, Written Representation Procedure, Environmental Impact Assessment, Fair Hearing
Administrative Law Planning Law Natural Justice Written Representation Procedure Environmental Impact Assessment Fair Hearing

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Parties

Robert Ashley

Appellant/claimant

Secretary of State for Communities and Local Government

First Respondent/defendant

London Borough of Greenwich

Second Respondent/defendant

Taylor Wimpey UK Ltd

Third Respondent/defendant

Procedural Posture

Judicial Review (planning Appeal) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the written representation procedure deprived the appellant of a fair hearing by failing to notify him of late expert evidence
  2. 2 Whether the planning authority failed to make an adequate screening decision under EIA Regulations

Ratio Decidendi

The hearing was unfair because the appellant was not notified of late expert evidence central to the appeal, depriving him of the opportunity to respond; this breached the rules of natural justice and rendered the written representation procedure inappropriate in the circumstances.

Court Disposition

Appeal allowed

Orders

  • Planning permission quashed