Murray, R (on the application of) v Hampshire County Council

Murray, R (on the application of) v Hampshire County Council

The planning authority was entitled to approve the mitigation site as it did, since the planning condition did not require reconsideration of the comparative merits of all possible sites, and the time limit for submission of details was governed by Section 91, not Section 92, of the Town and Country Planning Act 1990.

Parties
Applicant/respondent: Elspeth Murray; Respondent/appellant: Hampshire County Council
Jurisdiction
England and Wales
Judgment Date
14 May 2003
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Planning Permission, Judicial Review, Public Law, Environmental Mitigation, Procedural Fairness
Administrative Law Planning Law Planning Permission Judicial Review Public Law Environmental Mitigation Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Elspeth Murray

Applicant/respondent

Hampshire County Council

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the planning authority lawfully considered the relevant material considerations in approving the mitigation site under the planning condition
  2. 2 Whether the submission of details for the mitigation site was out of time under Section 92 of the Town and Country Planning Act 1990

Ratio Decidendi

The planning authority was entitled to approve the mitigation site as it did, since the planning condition did not require reconsideration of the comparative merits of all possible sites, and the time limit for submission of details was governed by Section 91, not Section 92, of the Town and Country Planning Act 1990.

Court Disposition

Appeal allowed

Orders

  • Quashing of High Court order; decisions of Hampshire County Council of July 2001 and May 2002 reinstated
  • Judgments to be sent to the Legal Services Commission and the costs judge for consideration of costs from 6 March 2003 onwards