Payne v Caerphilly County Borough Council [2003] EWCA Civ 71 (16 January 2003)

Payne v Caerphilly County Borough Council [2003] EWCA Civ 71 (16 January 2003)

The application for the 1955 permission was valid and the Council was deemed to have determined that the permission was subject to the conditions proposed by Mr Payne, as the Council failed to respond within the statutory period and the Environmental Impact Assessment Regulations did not apply to disapply paragraph...

Source-derived case information.

Citation
[2003] EWCA Civ 71
Parties
Claimant/respondent: Clive Payne; Defendant/appellant: Caerphilly County Borough Council
Jurisdiction
England and Wales
Judgment Date
16 January 2003
Procedural Posture
Judicial Review (administrative Law) / Appeal From Queen's Bench Division (administrative Court) to Court of Appeal (civil Division)
Outcome
Appeal dismissed; application for permission to appeal by Mr Payne refused.
Legal Topics
Review of Old Mineral Planning Permissions, Interpretation of Environment Act 1995 Schedule 13, Validity of Planning Applications, Environmental Impact Assessment Regulations, Extant Vs Lapsed Planning Permissions
Planning Law Administrative Law Environmental Law Review of Old Mineral Planning Permissions Interpretation of Environment Act 1995 Schedule 13 Validity of Planning Applications Environmental Impact Assessment Regulations Extant Vs Lapsed Planning Permissions

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Parties

Clive Payne

Claimant/respondent

Caerphilly County Borough Council

Defendant/appellant

Procedural Posture

Judicial Review (administrative Law) / Appeal From Queen's Bench Division (administrative Court) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Council was deemed to have determined conditions for the 1955 planning permission under paragraph 9(9) of Schedule 13 to the Environment Act 1995
  2. 2 Whether the application for the 1955 permission was valid under paragraph 9(2)
  3. 3 Whether the 1961 planning permission was extant and capable of being subject to a paragraph 9 application

Ratio Decidendi

The application for the 1955 permission was valid and the Council was deemed to have determined that the permission was subject to the conditions proposed by Mr Payne, as the Council failed to respond within the statutory period and the Environmental Impact Assessment Regulations did not apply to disapply paragraph 9(9). The 1961 permission was not extant and thus not subject to review under paragraph 9.

Court Disposition

Appeal dismissed; application for permission to appeal by Mr Payne refused.

Orders

  • Declaration that the Council was deemed to have determined the 1955 permission subject to the conditions proposed by Mr Payne.
  • Application for permission to appeal by Mr Payne in respect of the 1961 permission refused.