Ellaway, R (on the application of) v Cardiff County Council & Anor

Ellaway, R (on the application of) v Cardiff County Council & Anor

Permission is granted on the first three grounds as the argument that the Council's process amounted to an impermissible extension of the Whitley exceptions is arguable, but permission is refused on the Habitats Directive ground and for mandatory enforcement relief. Delay and practical futility may bar relief at the substantive hearing.

Parties
Claimant: Pauline Ellaway; Defendant: Cardiff County Council; Interested Party: Viridor Waste Management Limited
Jurisdiction
England and Wales
Judgment Date
27 September 2013
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Permission granted in part, refused in part
Legal Topics
Judicial Review, Planning Permission, Environmental Impact Assessment, Procedural Fairness, Habitats Directive, Enforcement Action, Delay in Judicial Review
Planning Law Administrative Law Environmental Law Judicial Review Planning Permission Environmental Impact Assessment Procedural Fairness Habitats Directive +2 more

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Parties

Pauline Ellaway

Claimant

Cardiff County Council

Defendant

Viridor Waste Management Limited

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether Cardiff County Council acted unlawfully in retrospectively approving works commenced without discharge of pre-commencement conditions
  2. 2 Whether the process adopted circumvented statutory requirements for retrospective planning permission under s.73A Town and Country Planning Act 1990
  3. 3 Whether there was a failure to comply with the Environmental Impact Assessment Regulations and the Habitats Directive

Ratio Decidendi

Permission is granted on the first three grounds as the argument that the Council's process amounted to an impermissible extension of the Whitley exceptions is arguable, but permission is refused on the Habitats Directive ground and for mandatory enforcement relief. Delay and practical futility may bar relief at the substantive hearing.

Court Disposition

Permission granted in part, refused in part

Orders

  • Permission to apply for judicial review granted on first three grounds
  • Permission refused on Habitats Directive ground