Coventry Gliding Club Ltd, R (On the Application Of) v Harborough District Council & Anor

Coventry Gliding Club Ltd, R (On the Application Of) v Harborough District Council & Anor

The Council failed to comply with the statutory requirement to display notice near the land, and failed to have regard to relevant considerations (noise and safety) when granting prior approval. The fallback position was irrelevant. The claim, though filed out of time, was allowed an extension due to lack of notice and prompt action once aware.

Parties
Claimant: Coventry Gliding Club Ltd; Defendant: Harborough District Council; Interested Party: R & P Garner and Sons
Jurisdiction
England and Wales
Judgment Date
14 November 2019
Procedural Posture
Judicial Review / Judgment on Liability and Procedural Compliance; Remedies Reserved
Outcome
Claim allowed; Council's decision found unlawful; remedies to be determined at further hearing.
Legal Topics
Judicial Review, Prior Approval, Permitted Development, Planning Procedure, Notice Requirements, Relevant and Irrelevant Considerations, Extension of Time, Human Rights
Administrative Law Planning Law Judicial Review Prior Approval Permitted Development Planning Procedure Notice Requirements Relevant and Irrelevant Considerations +2 more

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Parties

Coventry Gliding Club Ltd

Claimant

Harborough District Council

Defendant

R & P Garner and Sons

Interested Party

Procedural Posture

Judicial Review / Judgment on Liability and Procedural Compliance; Remedies Reserved

Legal Issues

  1. 1 Whether the Council complied with statutory notice requirements for prior approval under the GPDO
  2. 2 Whether the Council had regard to all relevant considerations, including noise and safety, and disregarded irrelevant matters
  3. 3 Whether the Council gave adequate reasons for its decision

Ratio Decidendi

The Council failed to comply with the statutory requirement to display notice near the land, and failed to have regard to relevant considerations (noise and safety) when granting prior approval. The fallback position was irrelevant. The claim, though filed out of time, was allowed an extension due to lack of notice and prompt action once aware.

Court Disposition

Claim allowed; Council's decision found unlawful; remedies to be determined at further hearing.