Coventry Gliding Club Ltd, R (On the Application Of) v Harborough District Council & Anor [2019] EWHC 3059 (Admin) (14 November 2019)

Coventry Gliding Club Ltd, R (On the Application Of) v Harborough District Council & Anor [2019] EWHC 3059 (Admin) (14 November 2019)

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 claim, though filed out of time, should be allowed due to lack of notice and prompt action once the claimant became aware.

Citation
[2019] EWHC 3059 (Admin)
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 / Final Judgment on Liability, Remedies Adjourned
Outcome
Claim allowed; decision to grant prior approval quashed; remedies to be determined at a further hearing.
Legal Topics
Prior Approval Under GPDO, Notice Requirements for Planning Applications, Relevant and Irrelevant Considerations in Planning Decisions, Extension of Time for Judicial Review, Remedies for Breach of Statutory Requirements
Planning Law Administrative Law Human Rights Prior Approval Under GPDO Notice Requirements for Planning Applications Relevant and Irrelevant Considerations in Planning Decisions Extension of Time for Judicial Review Remedies for Breach of Statutory Requirements

Case Brief

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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 / Final Judgment on Liability, Remedies Adjourned

Legal Issues

  1. 1 Whether the Council complied with statutory notice requirements under paragraph W(8) of 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 claim, though filed out of time, should be allowed due to lack of notice and prompt action once the claimant became aware.

Court Disposition

Claim allowed; decision to grant prior approval quashed; remedies to be determined at a further hearing.

Orders

  • Declaration that the Council failed to comply with notice requirements under GPDO
  • Declaration that the Council failed to consider relevant matters