Colney Heath Parish Council v Secretary of State for Communities & Local Government & Ors

Colney Heath Parish Council v Secretary of State for Communities & Local Government & Ors

The Inspector failed to address a principal controversial issue—off-site flood risk—either by explicit reasoning or by clear findings, and did not explain whether the risk was adequately mitigated by conditions. This failure amounted to a failure to take into account a material consideration and/or to give adequate reasons, causing real prejudice to the Parish Council. The decision must be quashed.

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 Inspector's Decision
Outcome
Application allowed; Inspector's decision quashed
Legal Topics
Planning Permission, Flood Risk, Judicial Review, Reasoned Decisions, Material Considerations
Administrative Law Planning Law Planning Permission Flood Risk Judicial Review Reasoned Decisions Material Considerations

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 Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector failed to address the issue of off-site flood risk in granting temporary planning permission for a gypsy site
  2. 2 Whether failure to address off-site flood risk amounted to a failure to take into account a material consideration and/or to give adequate reasons

Ratio Decidendi

The Inspector failed to address a principal controversial issue—off-site flood risk—either by explicit reasoning or by clear findings, and did not explain whether the risk was adequately mitigated by conditions. This failure amounted to a failure to take into account a material consideration and/or to give adequate reasons, causing real prejudice to the Parish Council. The decision must be quashed.

Court Disposition

Application allowed; Inspector's decision quashed

Orders

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