Waste Recycling Group Ltd, R (on the application of) v Cumbria County Council

Waste Recycling Group Ltd, R (on the application of) v Cumbria County Council

The application for permission to renew the application for judicial review out of time is refused because the claim was not made promptly, the breach of the Environmental Impact Assessment Regulations did not cause harm to the public interest or the claimant, the Article 22 notice breach was technical and caused no...

Source-derived case information.

Parties
Claimant: Waste Recycling Group Limited; Defendant: Cumbria County Council; Interested Party: Cumbria Waste Management Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Judicial Review / Application for Permission to Renew Application for Judicial Review Out of Time
Outcome
Permission to extend time for renewal refused; application for permission for judicial review refused.
Legal Topics
Judicial Review, Planning Permission, Environmental Impact Assessment, Standing, Promptness in Judicial Review
Planning Law Environmental Law Administrative Law Judicial Review Planning Permission Environmental Impact Assessment Standing Promptness in Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Waste Recycling Group Limited

Claimant

Cumbria County Council

Defendant

Cumbria Waste Management Limited

Interested Party

Procedural Posture

Judicial Review / Application for Permission to Renew Application for Judicial Review Out of Time

Legal Issues

  1. 1 Whether the planning permission was granted in breach of Environmental Impact Assessment Regulations
  2. 2 Whether the notice under Article 22 of the Town and Country Planning (General Development Procedure) Order 1995 was defective
  3. 3 Whether the claim was brought promptly and within time

Ratio Decidendi

The application for permission to renew the application for judicial review out of time is refused because the claim was not made promptly, the breach of the Environmental Impact Assessment Regulations did not cause harm to the public interest or the claimant, the Article 22 notice breach was technical and caused no prejudice, and granting permission would cause substantial prejudice to the interested party.

Court Disposition

Permission to extend time for renewal refused; application for permission for judicial review refused.

Orders

  • Permission to extend time for renewal of application for judicial review is refused.
  • Had permission been granted, application for judicial review would have been refused.