San Vicente & Anor v Secretary of State for Communities & Local Government & Ors [2012] EWHC 3585 (Admin) (12 December 2012)

San Vicente & Anor v Secretary of State for Communities & Local Government & Ors [2012] EWHC 3585 (Admin) (12 December 2012)

Permission to amend the claim is granted in respect of procedural unfairness (failure to notify residents), as there is a real prospect of success and no sufficient prejudice or public interest reason to refuse; permission to amend to add EIA ground is refused as not arguable.

Citation
[2012] EWHC 3585 (Admin)
Parties
Claimant: Sandra San Vicente; Claimant: Gerald Carden; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Uttlesford District Council; Third Defendant: Taylor Wimpey UK Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2012
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Application for Permission to Amend Grounds; Summary Judgment Application; Protective Costs Order
Outcome
Permission to amend granted for procedural unfairness ground; refused for EIA ground; summary judgment application on original grounds falls away; interim protective costs order made.
Legal Topics
Procedural Fairness, Environmental Impact Assessment, Amendment of Pleadings, Protective Costs Orders
Administrative Law Planning Law Procedural Fairness Environmental Impact Assessment Amendment of Pleadings Protective Costs Orders

Case Brief

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Parties

Sandra San Vicente

Claimant

Gerald Carden

Claimant

Secretary of State for Communities & Local Government

First Defendant

Uttlesford District Council

Second Defendant

Taylor Wimpey UK Limited

Third Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / Application for Permission to Amend Grounds; Summary Judgment Application; Protective Costs Order

Legal Issues

  1. 1 Whether the planning appeal decision was unlawful due to procedural unfairness from failure to notify residents of the hearing
  2. 2 Whether the decision was unlawful for failure to require an Environmental Impact Assessment

Ratio Decidendi

Permission to amend the claim is granted in respect of procedural unfairness (failure to notify residents), as there is a real prospect of success and no sufficient prejudice or public interest reason to refuse; permission to amend to add EIA ground is refused as not arguable.

Court Disposition

Permission to amend granted for procedural unfairness ground; refused for EIA ground; summary judgment application on original grounds falls away; interim protective costs order made.

Orders

  • Permission to amend claim to substitute procedural unfairness ground granted
  • Permission to amend claim to add EIA ground refused