Barrow Borough Council, R (on the application of) v Cumbria County Council
The inclusion of site M12 in the adopted DPD without further consultation was a failure to comply with statutory procedural requirements, resulting in substantial prejudice to the claimant and rendering the DPD unlawful to the extent it included M12.
- Parties
- Claimant: Barrow Borough Council; Defendant: Cumbria County Council
- Jurisdiction
- England and Wales
- Judgment Date
- 22 June 2011
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application allowed; DPD quashed
- Legal Topics
- Development Plan Documents, Consultation Requirements, Procedural Fairness, Local Government Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Barrow Borough Council
Claimant
Cumbria County Council
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 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 Whether the procedural requirements for consultation were breached by Cumbria County Council
Ratio Decidendi
The inclusion of site M12 in the adopted DPD without further consultation was a failure to comply with statutory procedural requirements, resulting in substantial prejudice to the claimant and rendering the DPD unlawful to the extent it included M12.
Court Disposition
Application allowed; DPD quashed
Orders
- The Cumbria County Council Site Allocation Policies and Proposals Map DPD is quashed.
- Defendant to pay claimant's costs, subject to detailed assessment unless agreed by 4 pm on 29th June 2011.
Full Case Text
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