Berky, R (on the application of) v Newport City Council & Ors

Berky, R (on the application of) v Newport City Council & Ors

The appeal is dismissed because the substantive grounds for judicial review (EIA, bias, irrationality) fail on their merits, and the application was not commenced promptly, causing prejudice and hardship to other interests and good administration. Even if the EIA ground is not barred by delay, it does not provide a realistically arguable basis for challenging the validity of the permission.

Parties
Appellant: Eduard Berky; 1st Respondent: Newport City Council; 2nd Respondent/1st Interested Party: WM Morrison Supermarkets PLC; 3rd Respondent/2nd Interested Party: Linc-Cymru Housing Association
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Judicial Review / Appeal Against Refusal of Permission to Bring Judicial Review
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Environmental Impact Assessment, Bias in Decision Making, Rationality of Administrative Decisions, Delay and Limitation in Judicial Review
Administrative Law Planning Law European Law Judicial Review Environmental Impact Assessment Bias in Decision Making Rationality of Administrative Decisions Delay and Limitation in Judicial Review

Case Brief

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Parties

Eduard Berky

Appellant

Newport City Council

1st Respondent

WM Morrison Supermarkets PLC

2nd Respondent/1st Interested Party

Linc-Cymru Housing Association

3rd Respondent/2nd Interested Party

Procedural Posture

Judicial Review / Appeal Against Refusal of Permission to Bring Judicial Review

Legal Issues

  1. 1 Whether the Council's decision not to require an Environmental Impact Assessment was lawful and adequately reasoned
  2. 2 Whether the decision-making process was tainted by real or apparent bias
  3. 3 Whether the decision to grant permission contrary to officers’ advice was irrational or inadequately reasoned

Ratio Decidendi

The appeal is dismissed because the substantive grounds for judicial review (EIA, bias, irrationality) fail on their merits, and the application was not commenced promptly, causing prejudice and hardship to other interests and good administration. Even if the EIA ground is not barred by delay, it does not provide a realistically arguable basis for challenging the validity of the permission.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; permission to bring judicial review refused; no relief granted