Usher, R (On the Application Of) v Forest Heath District Council [2017] EWHC 2511 (Admin) (11 October 2017)

Usher, R (On the Application Of) v Forest Heath District Council [2017] EWHC 2511 (Admin) (11 October 2017)

Claimants' procedural rights were satisfied through statutory appeal processes; Council's communications and actions met requirements of fairness and law; no breach of legitimate expectation or proportionality; alternatives to direct action were considered and direct action was justified.

Citation
[2017] EWHC 2511 (Admin)
Parties
Claimant: Mr David Michael Usher; Claimant: Mrs Ann Margaret Usher; Defendant: Forest Heath District Council
Jurisdiction
England and Wales
Judgment Date
11 October 2017
Procedural Posture
Judicial Review / Final Judgment After Permission Granted
Outcome
Claim dismissed
Legal Topics
Direct Action Under S.178 TCPA, Procedural Fairness, Legitimate Expectation, Proportionality, Alternatives to Enforcement, Article 8 ECHR, Article 6 ECHR
Administrative Law Planning Law Human Rights Direct Action Under S.178 TCPA Procedural Fairness Legitimate Expectation Proportionality Alternatives to Enforcement +2 more

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Parties

Mr David Michael Usher

Claimant

Mrs Ann Margaret Usher

Claimant

Forest Heath District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Permission Granted

Legal Issues

  1. 1 Whether procedural fairness required further representations before direct action under s.178 TCPA
  2. 2 Whether legitimate expectation arose from Development Control Committee proceedings
  3. 3 Whether deadline and lack of 'soft strip' was disproportionate

Ratio Decidendi

Claimants' procedural rights were satisfied through statutory appeal processes; Council's communications and actions met requirements of fairness and law; no breach of legitimate expectation or proportionality; alternatives to direct action were considered and direct action was justified.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • No quashing of Council's decision to take direct action