Hayden, R (on the application of) v Kelly

The Council did not err in law by concluding that ground stability concerns were not material to the outcome of this particular planning application, as such concerns would be addressed through Building Regulations and the Party Wall Act. The air raid shelter was not shown to be a heritage asset of significance, so there was no requirement to defer the application for further assessment. The claim fails on both grounds.

Parties: Claimant: Richard Hayden; Defendant: Erewash Borough Council; Interested Party: Simon Timothy Kelly
Jurisdiction: England and Wales
Judgment Date: 14 November 2013
Procedural Posture: Judicial Review / Final Judgment After Substantive Hearing
Outcome: Claim dismissed
Legal Topics: Material Planning Considerations, Ground Stability, Heritage Assets, Judicial Review Standards, Overlap of Regulatory Regimes

Planning Law Administrative Law Material Planning Considerations Ground Stability Heritage Assets Judicial Review Standards Overlap of Regulatory Regimes

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Parties

Richard Hayden

Claimant

Erewash Borough Council

Defendant

Simon Timothy Kelly

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

1 Whether ground stability was a material planning consideration in the grant of planning permission
2 Whether the Council erred in law by not deferring the application to assess the significance of an air raid shelter as a heritage asset

Ratio Decidendi

Court Disposition

Claim dismissed