Halebank Parish Council, R (on the application of) v Halton Borough Council & Anor

Halebank Parish Council, R (on the application of) v Halton Borough Council & Anor

Halton Borough Council acted unlawfully by failing to provide Halebank Parish Council with an effective opportunity to participate in consultation, breaching Article 6 of the EIA Directive and its own Statement of Community Involvement, and by misinterpreting the UDP policy. The 'tailpiece' conditions were unlawful but severable. The absence of a section 106 agreement was not unlawful. The claim was not vitiated by members' interests or delay. The planning permission was quashed.

Parties
Claimant: The Queen (on the application of Halebank Parish Council); Defendant: Halton Borough Council; Interested Party: Prologis UK Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; planning permission quashed
Legal Topics
Consultation Requirements, Legitimate Expectation, Interpretation of Development Plans, Environmental Impact Assessment, Planning Conditions, Section 106 Obligations, Delay in Judicial Review, Members' Interests and Disqualification
Administrative Law Planning Law Environmental Law Local Government Law Consultation Requirements Legitimate Expectation Interpretation of Development Plans Environmental Impact Assessment +4 more

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Parties

The Queen (on the application of Halebank Parish Council)

Claimant

Halton Borough Council

Defendant

Prologis UK Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Halton Borough Council lawfully consulted Halebank Parish Council on the planning application for Site 253
  2. 2 Whether the planning permission was granted in accordance with the statutory development plan (UDP)
  3. 3 Whether the conditions attached to the planning permission were lawful

Ratio Decidendi

Halton Borough Council acted unlawfully by failing to provide Halebank Parish Council with an effective opportunity to participate in consultation, breaching Article 6 of the EIA Directive and its own Statement of Community Involvement, and by misinterpreting the UDP policy. The 'tailpiece' conditions were unlawful but severable. The absence of a section 106 agreement was not unlawful. The claim was not vitiated by members' interests or delay. The planning permission was quashed.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • Permission to apply for judicial review granted
  • Planning permission quashed