Ecogen Developments Ltd, R (on the application of) v Secretary Of State For Trade & Industry [2002] EWCA Civ 1433 (30 July 2002)

Ecogen Developments Ltd, R (on the application of) v Secretary Of State For Trade & Industry [2002] EWCA Civ 1433 (30 July 2002)

The claimant was given ample opportunity to make representations as to why a public inquiry should be held, including three separate invitations, but declined to do so. The refusal to provide reasons was unreasonable. Therefore, there was no procedural unfairness warranting the quashing of the Secretary of State's decision, and the application for permission to appeal was refused.

Citation
[2002] EWCA Civ 1433
Parties
Claimant/applicant: Ecogen Developments Limited; Defendant/respondent: Secretary of State for Trade and Industry
Jurisdiction
England and Wales
Judgment Date
30 July 2002
Procedural Posture
Judicial Review (administrative Law) / Renewed Application for Permission to Appeal (court of Appeal)
Outcome
Application for permission to appeal refused.
Legal Topics
Procedural Fairness, Judicial Review, Public Inquiry, Planning Permission, Electricity Act 1989, Town and Country Planning Act 1990
Administrative Law Planning Law Environmental Law Procedural Fairness Judicial Review Public Inquiry Planning Permission Electricity Act 1989 +1 more

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Parties

Ecogen Developments Limited

Claimant/applicant

Secretary of State for Trade and Industry

Defendant/respondent

Procedural Posture

Judicial Review (administrative Law) / Renewed Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Secretary of State acted unfairly in failing to give the claimant an opportunity to explain why a public inquiry should be held before refusing consent for a wind farm project.

Ratio Decidendi

The claimant was given ample opportunity to make representations as to why a public inquiry should be held, including three separate invitations, but declined to do so. The refusal to provide reasons was unreasonable. Therefore, there was no procedural unfairness warranting the quashing of the Secretary of State's decision, and the application for permission to appeal was refused.

Court Disposition

Application for permission to appeal refused.

Orders

  • Permission to appeal refused.