Wiltshire Council v Secretary of State for Communities And Local Government & Ors

Wiltshire Council v Secretary of State for Communities And Local Government & Ors

In exceptional circumstances where procedural unfairness disadvantaged parties not at fault, and public interest is recognised, a declaration as to unlawfulness is an appropriate remedy instead of quashing the decision.

Parties
Claimant: Wiltshire Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Heron Land Developments Limited; Third Defendant: Gallagher UK Limited; Fourth Defendant: Gallagher Estates Limited
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Judicial Review / Post Judgment Submissions on Remedy and Costs
Outcome
Declaration granted as to unlawfulness; quashing order not issued.
Legal Topics
Remedies, Declaration Vs Quashing Order, Planning Appeals, Procedural Fairness
Administrative Law Planning Law Remedies Declaration Vs Quashing Order Planning Appeals Procedural Fairness

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Parties

Wiltshire Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Heron Land Developments Limited

Second Defendant

Gallagher UK Limited

Third Defendant

Gallagher Estates Limited

Fourth Defendant

Procedural Posture

Judicial Review / Post Judgment Submissions on Remedy and Costs

Legal Issues

  1. 1 Whether a declaration should be granted instead of a quashing order in light of an error of law by the first defendant
  2. 2 Appropriate remedy for procedural unfairness in planning appeal

Ratio Decidendi

In exceptional circumstances where procedural unfairness disadvantaged parties not at fault, and public interest is recognised, a declaration as to unlawfulness is an appropriate remedy instead of quashing the decision.

Court Disposition

Declaration granted as to unlawfulness; quashing order not issued.

Orders

  • Declaration in terms agreed by the parties as to the unlawfulness that occurred.