Sefton Metropolitan Borough Council, R (On the Application Of) v Highways England

Sefton Metropolitan Borough Council, R (On the Application Of) v Highways England

Highways England was entitled to limit the consultation to the two viable options due to funding constraints; exclusion of the tunnel option was not unfair or unlawful given the statutory context and the opportunity for further objections in the DCO process.

Parties
Claimant: Sefton Metropolitan Borough Council; Defendant: Highways England
Jurisdiction
England and Wales
Judgment Date
16 November 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Consultation Fairness, Infrastructure Act 2015, Planning Act 2008, Development Consent Orders, Environmental Impact Assessment
Administrative Law Planning Law Environmental Law Consultation Fairness Infrastructure Act 2015 Planning Act 2008 Development Consent Orders Environmental Impact Assessment

Case Brief

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Parties

Sefton Metropolitan Borough Council

Claimant

Highways England

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Highways England acted unlawfully by excluding the tunnel option from consultation
  2. 2 Whether the consultation process was unfair and breached statutory duties

Ratio Decidendi

Highways England was entitled to limit the consultation to the two viable options due to funding constraints; exclusion of the tunnel option was not unfair or unlawful given the statutory context and the opportunity for further objections in the DCO process.

Court Disposition

Application for judicial review dismissed