Earthline Ltd. v Secretary of State for Transport, Local Government and the Regions & Anor [2002] EWCA Civ 1599 (06 November 2002)

Earthline Ltd. v Secretary of State for Transport, Local Government and the Regions & Anor [2002] EWCA Civ 1599 (06 November 2002)

The court held that the council's imposition of a time limit earlier than 2042 on the old mining permission was ultra vires and that, in the absence of clear statutory language to the contrary, such an unlawful condition could be challenged by Earthline despite no appeal being lodged against the original determination. The court exercised its discretion to quash the Inspector's decision based on the fundamental error of law.

Citation
[2002] EWCA Civ 1599
Parties
Claimant/first Respondent: Earthline Limited; First Defendant/second Respondent: Secretary of State for Transport, Local Government and the Regions; Second Defendant/appellant: West Berkshire Council
Jurisdiction
England and Wales
Judgment Date
06 November 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal dismissed with costs
Legal Topics
Validity of Planning Conditions, Ultra Vires Conditions, Old Mining Permissions, Judicial Review of Planning Decisions
Planning Law Administrative Law Validity of Planning Conditions Ultra Vires Conditions Old Mining Permissions Judicial Review of Planning Decisions

Case Brief

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Parties

Earthline Limited

Claimant/first Respondent

Secretary of State for Transport, Local Government and the Regions

First Defendant/second Respondent

West Berkshire Council

Second Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether a planning authority's ultra vires condition on an old mining permission can be challenged after the time for appeal has expired
  2. 2 Whether the court should exercise discretion to quash a decision based on an unlawful planning condition

Ratio Decidendi

The court held that the council's imposition of a time limit earlier than 2042 on the old mining permission was ultra vires and that, in the absence of clear statutory language to the contrary, such an unlawful condition could be challenged by Earthline despite no appeal being lodged against the original determination. The court exercised its discretion to quash the Inspector's decision based on the fundamental error of law.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Matter remitted to the Secretary of State to alter Condition 1 to reflect the correct permission period to 2042