Gregan & Ors, R (on the application of) v Hartlepool Borough Council & Anor

Gregan & Ors, R (on the application of) v Hartlepool Borough Council & Anor

The words 'marine structures' in the 1997 planning permission, read with the incorporated Environmental Statement and related documents, do not include ships. There is no description or assessment of ship dismantling in the Environmental Statement, and when ships or vessels are meant, they are referred to...

Source-derived case information.

Parties
Claimant: Gregan & Others; Defendant: Hartlepool Borough Council; Interested Party: Able UK Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review granted. Declaration issued.
Legal Topics
Interpretation of Planning Permission, Environmental Impact Assessment, Judicial Review of Local Authority Decisions
Planning Law Environmental Law Administrative Law Interpretation of Planning Permission Environmental Impact Assessment Judicial Review of Local Authority Decisions

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Parties

Gregan & Others

Claimant

Hartlepool Borough Council

Defendant

Able UK Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the 1997 planning permission for the TERRC site includes permission to dismantle ships under the term 'marine structures'.
  2. 2 Whether the officer's letter of 30th September 2003 constituted a judicially reviewable decision.
  3. 3 Proper interpretation of documents incorporated into a planning permission.

Ratio Decidendi

The words 'marine structures' in the 1997 planning permission, read with the incorporated Environmental Statement and related documents, do not include ships. There is no description or assessment of ship dismantling in the Environmental Statement, and when ships or vessels are meant, they are referred to separately. The planning permission does not authorise the dismantling of ships at the TERRC site.

Court Disposition

Application for judicial review granted. Declaration issued.

Orders

  • Declaration that the words 'marine structures' in the 1997 planning permission do not include ships.
  • Order preventing any work on the ships (other than work necessary to make and keep them safe) to continue until further order.