Ellaway v Cardiff County Council [2014] EWHC 836 (Admin) (27 March 2014)

Ellaway v Cardiff County Council [2014] EWHC 836 (Admin) (27 March 2014)

The Council lawfully discharged the pre-commencement conditions after works had commenced because the statutory consultation requirements were ultimately met, the public had a genuine opportunity to participate, and the exceptions to the Whitley principle applied. There was no unlawful circumvention of section 73A or the EIA Directive, and no improper advantage was conferred on the developer. The process did not deny the public their rights under domestic or EU law.

Citation
[2014] EWHC 836 (Admin)
Parties
Claimant: Pauline Ellaway; Defendant: Cardiff County Council; Interested Party: Viridor Waste Management Ltd; Interested Party: PGM Estates Ltd; Interested Party: The Welsh Ministers; Interested Party: Environment Agency for Wales; Interested Party: Countryside Council for Wales
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment (eia), Retrospective Planning Permission, Public Participation, Enforcement Action, Discharge of Planning Conditions
Planning Law Environmental Law Administrative Law Environmental Impact Assessment (eia) Retrospective Planning Permission Public Participation Enforcement Action Discharge of Planning Conditions

Case Brief

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Parties

Pauline Ellaway

Claimant

Cardiff County Council

Defendant

Viridor Waste Management Ltd

Interested Party

PGM Estates Ltd

Interested Party

The Welsh Ministers

Interested Party

Environment Agency for Wales

Interested Party

Countryside Council for Wales

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Cardiff County Council acted lawfully in retrospectively discharging pre-commencement planning conditions for EIA development after works had commenced
  2. 2 Whether the Council's process denied the public proper rights to consultation and participation under domestic and EU law
  3. 3 Whether the Council's actions circumvented the statutory mechanism for retrospective planning permission under section 73A of the Town and Country Planning Act 1990

Ratio Decidendi

The Council lawfully discharged the pre-commencement conditions after works had commenced because the statutory consultation requirements were ultimately met, the public had a genuine opportunity to participate, and the exceptions to the Whitley principle applied. There was no unlawful circumvention of section 73A or the EIA Directive, and no improper advantage was conferred on the developer. The process did not deny the public their rights under domestic or EU law.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No quashing order granted