Condron, R (on the application of) v Merthyr Tydfil County Borough Council & Ors [2010] EWCA Civ 534 (20 May 2010)

Condron, R (on the application of) v Merthyr Tydfil County Borough Council & Ors [2010] EWCA Civ 534 (20 May 2010)

The permissions granted for the development and continued use of Cwmbargoed Disposal Point do not fall within paragraphs 2(e) or 10(b) of Schedule 2 to the 1999 Regulations, as the site is not a surface industrial installation for the extraction of coal nor an urban development project. The applicant's arguments for...

Source-derived case information.

Citation
[2010] EWCA Civ 534
Parties
Appellant: Elizabeth Condron; First Respondent: Merthyr Tydfil County Borough Council; Second Respondent: Caerphilly County Borough Council; Interested Party: Miller Argent (South Wales) Ltd
Jurisdiction
England and Wales
Judgment Date
20 May 2010
Procedural Posture
Judicial Review (planning/environmental) / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Environmental Impact Assessment, Judicial Review Time Limits, Interpretation of EU Directives, Planning Permissions, Procedural Autonomy, Access to Justice
Administrative Law Environmental Law Planning Law European Union Law Environmental Impact Assessment Judicial Review Time Limits Interpretation of EU Directives Planning Permissions +2 more

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Parties

Elizabeth Condron

Appellant

Merthyr Tydfil County Borough Council

First Respondent

Caerphilly County Borough Council

Second Respondent

Miller Argent (South Wales) Ltd

Interested Party

Procedural Posture

Judicial Review (planning/environmental) / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the planning permissions for Cwmbargoed Disposal Point required an Environmental Impact Assessment under the EIA Directive and the 1999 Regulations, specifically paragraphs 2(e) and 10(b) of Schedule 2.
  2. 2 Whether delay in bringing judicial review proceedings precluded the claim.

Ratio Decidendi

The permissions granted for the development and continued use of Cwmbargoed Disposal Point do not fall within paragraphs 2(e) or 10(b) of Schedule 2 to the 1999 Regulations, as the site is not a surface industrial installation for the extraction of coal nor an urban development project. The applicant's arguments for a broader, purposive interpretation are not supported by the jurisprudence of the Court of Justice or the text of the Directive and Regulations. Even if the permissions had fallen within those provisions, the delay in bringing the judicial review proceedings would likely have precluded the claim, as the application was not made promptly and there was no clear-cut case or...

Court Disposition

Permission to appeal refused; application dismissed.