Simmons v Mole Valley District Council [2001] EWCA Civ 1482 (8 October 2001)

Simmons v Mole Valley District Council [2001] EWCA Civ 1482 (8 October 2001)

There was no evidence of discrimination by the Council in its planning decisions; the comparators were properly considered and justified; the expert evidence, though not perfect, did not undermine the findings; and no realistic prospect of success on appeal was shown.

Source-derived case information.

Citation
[2001] EWCA Civ 1482
Parties
Claimant/applicant: Roger Simmons; Defendant/respondent: Mole Valley District Council
Jurisdiction
England and Wales
Judgment Date
08 October 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Racial Discrimination, Planning Permission, Listed Buildings, Comparators in Discrimination, Disclosure of Documents
Administrative Law Planning Law Equality Law Racial Discrimination Planning Permission Listed Buildings Comparators in Discrimination Disclosure of Documents

Source-derived case record

Summary, issues, holding and outcome

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Parties

Roger Simmons

Claimant/applicant

Mole Valley District Council

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Council discriminated against the applicant in planning decisions
  2. 2 Whether the lower court failed to address all grounds of claim
  3. 3 Whether material evidence was ignored

Ratio Decidendi

There was no evidence of discrimination by the Council in its planning decisions; the comparators were properly considered and justified; the expert evidence, though not perfect, did not undermine the findings; and no realistic prospect of success on appeal was shown.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused