Colney Heath Parish Council v Secretary of State for Communities & Local Government & Ors [2009] EWHC 787 (Admin) (22 April 2009)

Colney Heath Parish Council v Secretary of State for Communities & Local Government & Ors [2009] EWHC 787 (Admin) (22 April 2009)

The Inspector failed to address a principal controversial issue—off-site flood risk—raised by the evidence, and did not provide reasons or conclusions on this matter. This omission constituted a failure to take account of a material consideration and/or to give adequate reasons, resulting in substantial prejudice to the Parish Council. The decision must therefore be quashed.

Citation
[2009] EWHC 787 (Admin)
Parties
Claimant: Colney Heath Parish Council; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: St Albans City and District Council; Third Defendant: Peter Robb
Jurisdiction
England and Wales
Judgment Date
22 April 2009
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Appeal Decision
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Planning Permission, Flood Risk Assessment, Duty to Give Reasons, Material Considerations in Planning, Temporary Planning Permission
Administrative Law Planning Law Planning Permission Flood Risk Assessment Duty to Give Reasons Material Considerations in Planning Temporary Planning Permission

Case Brief

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Parties

Colney Heath Parish Council

Claimant

The Secretary of State for Communities and Local Government

First Defendant

St Albans City and District Council

Second Defendant

Peter Robb

Third Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Appeal Decision

Legal Issues

  1. 1 Whether the Inspector failed to address the issue of off-site flood risk in granting temporary planning permission
  2. 2 Whether failure to address a principal controversial issue constitutes an error of law
  3. 3 Whether the Parish Council suffered prejudice from the Inspector's omission

Ratio Decidendi

The Inspector failed to address a principal controversial issue—off-site flood risk—raised by the evidence, and did not provide reasons or conclusions on this matter. This omission constituted a failure to take account of a material consideration and/or to give adequate reasons, resulting in substantial prejudice to the Parish Council. The decision must therefore be quashed.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

  • The Inspector's decision dated 9 January 2008 is quashed.