Eco-Energy (GB) Ltd v First Secretary of State & Ors

Eco-Energy (GB) Ltd v First Secretary of State & Ors

EE Ltd lacked standing as a 'person aggrieved' under section 288 because it had no legal or equitable interest in the land at the relevant time, was not involved in the planning process, and could not rely on estoppel or assignment of the planning application. Substitution of Mr Clarke as claimant was not permitted after expiry of the statutory period, and CPR 19.5 did not apply.

Parties
Claimant/appellant: Eco-Energy (GB) Limited; Defendant/respondent: First Secretary of State; Defendant/respondent: Secretary of State for Transport; Defendant/respondent: Durham County Council
Jurisdiction
England and Wales
Judgment Date
09 November 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Standing (person Aggrieved), Assignment of Interests, Civil Procedure—substitution of Parties, Limitation Periods
Administrative Law Planning Law Standing (person Aggrieved) Assignment of Interests Civil Procedure—substitution of Parties Limitation Periods

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Parties

Eco-Energy (GB) Limited

Claimant/appellant

First Secretary of State

Defendant/respondent

Secretary of State for Transport

Defendant/respondent

Durham County Council

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether Eco-Energy (GB) Ltd was a 'person aggrieved' under section 288 of the Town and Country Planning Act 1990
  2. 2 Whether an oral assignment of an option over land conferred standing
  3. 3 Whether equitable interests or estoppel could confer standing

Ratio Decidendi

EE Ltd lacked standing as a 'person aggrieved' under section 288 because it had no legal or equitable interest in the land at the relevant time, was not involved in the planning process, and could not rely on estoppel or assignment of the planning application. Substitution of Mr Clarke as claimant was not permitted after expiry of the statutory period, and CPR 19.5 did not apply.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £12,925; if not paid within 28 days, Durham County Council may return to court to seek an order against Mr Robert Clarke.