Beckley Parish Council v Secretary of State for Transport & Ors

Beckley Parish Council v Secretary of State for Transport & Ors

The modifications made by the Secretary of State to the stopping-up order, namely widening the replacement path and designating it as a bridleway, did not fundamentally alter the essence of the order and were properly characterised as modifications under section 252(8) of the Town and Country Planning Act 1990. The process was not unfair as the claimant had notice and opportunity to object. The appeal is dismissed.

Parties
Claimant: Beckley Parish Council; First Defendant: Secretary of State for Transport; Second Defendant: Central & Provincial Developments Limited; Third Defendant: East Sussex County Council; Fourth Defendant: Rother District Council
Jurisdiction
England and Wales
Judgment Date
05 March 2010
Procedural Posture
Judicial Review/statutory Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Stopping Up Orders, Modification of Orders, Procedural Fairness, Judicial Review, Highways Law
Administrative Law Planning Law Stopping Up Orders Modification of Orders Procedural Fairness Judicial Review Highways Law

Case Brief

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Parties

Beckley Parish Council

Claimant

Secretary of State for Transport

First Defendant

Central & Provincial Developments Limited

Second Defendant

East Sussex County Council

Third Defendant

Rother District Council

Fourth Defendant

Procedural Posture

Judicial Review/statutory Appeal / Judgment

Legal Issues

  1. 1 Whether the Secretary of State lawfully made modifications to a stopping-up order without re-advertising and holding a further inquiry
  2. 2 Whether the modifications constituted a 'modification' or a fundamentally new order under section 252 of the Town and Country Planning Act 1990
  3. 3 Whether procedural fairness was observed in the making of the order

Ratio Decidendi

The modifications made by the Secretary of State to the stopping-up order, namely widening the replacement path and designating it as a bridleway, did not fundamentally alter the essence of the order and were properly characterised as modifications under section 252(8) of the Town and Country Planning Act 1990. The process was not unfair as the claimant had notice and opportunity to object. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs