Barrow Borough Council, R (on the application of) v Cumbria County Council [2011] EWHC 2051 (Admin) (22 June 2011)

Barrow Borough Council, R (on the application of) v Cumbria County Council [2011] EWHC 2051 (Admin) (22 June 2011)

The inclusion of site M12 in the adopted DPD without proper consultation or notice to the claimant constituted a breach of statutory procedural requirements, resulting in substantial prejudice to the claimant and rendering the DPD unlawful to the extent of the inclusion of M12.

Citation
[2011] EWHC 2051 (Admin)
Parties
Claimant: Barrow Borough Council; Defendant: Cumbria County Council
Jurisdiction
England and Wales
Judgment Date
22 June 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; DPD quashed
Legal Topics
Development Plan Documents, Consultation Requirements, Procedural Fairness, Judicial Review of Local Authority Decisions
Administrative Law Planning Law Development Plan Documents Consultation Requirements Procedural Fairness Judicial Review of Local Authority Decisions

Case Brief

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Parties

Barrow Borough Council

Claimant

Cumbria County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inclusion of site M12 in the adopted DPD without further consultation was unlawful under the Planning Compulsory Purchase Act 2004 and associated regulations
  2. 2 Whether the procedural requirements for consultation were breached by the defendant

Ratio Decidendi

The inclusion of site M12 in the adopted DPD without proper consultation or notice to the claimant constituted a breach of statutory procedural requirements, resulting in substantial prejudice to the claimant and rendering the DPD unlawful to the extent of the inclusion of M12.

Court Disposition

Claim allowed; DPD quashed

Orders

  • The DPD is quashed in its entirety.
  • Defendant to pay claimant's costs, subject to detailed assessment unless agreed by 4 pm on 29th June 2011.