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

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

The Council's failure to notify the applicant of its decision within the statutory period rendered the right to develop unconditional; there is no incompatibility between paragraph W(11) and Convention rights; a quashing order is unnecessary and an injunction is not available; the costs order stands and the damages claim will be considered upon proper pleading.

Parties
Claimant: Coventry Gliding Club Limited; Defendant: Harborough District Council; Interested Party: G & P Garner and Sons; Intervener: Secretary of State for Housing Communities & Local Government
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Judicial Review / Remedies Hearing Following Liability Judgment
Outcome
Application for quashing order refused; declaration granted; application for injunction refused; costs order not varied; permission to amend claim for damages deferred.
Legal Topics
Prior Approval Procedure, Permitted Development Rights, Notification Requirements, Compatibility With ECHR, Costs, Damages for Breach of Convention Rights
Administrative Law Planning Law Human Rights Prior Approval Procedure Permitted Development Rights Notification Requirements Compatibility With ECHR Costs +1 more

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Parties

Coventry Gliding Club Limited

Claimant

Harborough District Council

Defendant

G & P Garner and Sons

Interested Party

Secretary of State for Housing Communities & Local Government

Intervener

Procedural Posture

Judicial Review / Remedies Hearing Following Liability Judgment

Legal Issues

  1. 1 Whether the Council's decision should be quashed
  2. 2 Whether paragraph W(11) of the GPDO is incompatible with Convention rights
  3. 3 Whether an injunction should be granted to prevent development

Ratio Decidendi

The Council's failure to notify the applicant of its decision within the statutory period rendered the right to develop unconditional; there is no incompatibility between paragraph W(11) and Convention rights; a quashing order is unnecessary and an injunction is not available; the costs order stands and the damages claim will be considered upon proper pleading.

Court Disposition

Application for quashing order refused; declaration granted; application for injunction refused; costs order not varied; permission to amend claim for damages deferred.

Orders

  • Declaration that the Council's decision of 28 February 2019 was unlawful
  • Council's application to vary costs order refused