Jedwell, R (on the application of) v Denbighshire County Council & Anor

Jedwell, R (on the application of) v Denbighshire County Council & Anor

The Council breached its Mellor duty by failing to provide reasons for its negative screening opinion within a reasonable time of the Claimant's request, but since adequate contemporaneous reasons were later provided and no substantive prejudice occurred, substantive relief is restricted to a declaration of breach rather than quashing the planning permission.

Parties
Claimant: Andrew Jedwell; Defendant: Denbighshire County Council; Interested Parties: DH & DR Jones
Jurisdiction
England and Wales
Judgment Date
10 March 2016
Procedural Posture
Judicial Review / Final Judgment After Remittal and Cross Examination
Outcome
Judicial review allowed; substantive relief restricted to declaration of breach
Legal Topics
Environmental Impact Assessment, Planning Permission, Judicial Review, Duty to Give Reasons, Cumulative Environmental Effects
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Planning Permission Judicial Review Duty to Give Reasons Cumulative Environmental Effects

Case Brief

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Parties

Andrew Jedwell

Claimant

Denbighshire County Council

Defendant

DH & DR Jones

Interested Parties

Procedural Posture

Judicial Review / Final Judgment After Remittal and Cross Examination

Legal Issues

  1. 1 Whether the Council breached its duty to provide reasons for a negative EIA screening opinion following a Mellor request
  2. 2 Whether the screening opinion was adequately reasoned
  3. 3 Whether relief should include quashing the planning permission or be limited to a declaration

Ratio Decidendi

The Council breached its Mellor duty by failing to provide reasons for its negative screening opinion within a reasonable time of the Claimant's request, but since adequate contemporaneous reasons were later provided and no substantive prejudice occurred, substantive relief is restricted to a declaration of breach rather than quashing the planning permission.

Court Disposition

Judicial review allowed; substantive relief restricted to declaration of breach

Orders

  • Declaration that the Council was in breach of its Mellor duty to give reasons for its negative screening opinion within a reasonable time of the Claimant’s request