Norris v First Secretary of State & Anor [2006] EWCA Civ 12 (19 January 2006)

Norris v First Secretary of State & Anor [2006] EWCA Civ 12 (19 January 2006)

The Secretary of State was not legally required to consider the extant status of the 1997 by-pass planning permission before making the compulsory purchase order operative, as his function was limited to ensuring the legal mechanisms for the provision of replacement open space were in place. The March 2002 works lawfully commenced the development for the purposes of the planning permission, as no reasonable authority would have enforced against them, and any challenge to their efficacy is now out of time. The consultation challenge fails as the planning permission's status was not relevant to the Secretary of State's decision.

Citation
[2006] EWCA Civ 12
Parties
Appellant: Ian Norris; 1st Respondent: First Secretary of State; 2nd Respondent: Stoke on Trent City Council
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From the Queen's Bench Division, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Compulsory Purchase Orders, Planning Permission, Judicial Review, Public Consultation, Enforcement of Planning Conditions
Administrative Law Planning Law Compulsory Purchase Compulsory Purchase Orders Planning Permission Judicial Review Public Consultation Enforcement of Planning Conditions

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Parties

Ian Norris

Appellant

First Secretary of State

1st Respondent

Stoke on Trent City Council

2nd Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From the Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the Secretary of State erred in law by making the compulsory purchase order operative without confirming the extant status of the 1997 by-pass planning permission
  2. 2 Whether works commenced in March 2002 lawfully constituted commencement of development under the planning permission, given alleged breach of condition 3
  3. 3 Whether the Secretary of State was obliged to consult interested parties on the status of the planning permission

Ratio Decidendi

The Secretary of State was not legally required to consider the extant status of the 1997 by-pass planning permission before making the compulsory purchase order operative, as his function was limited to ensuring the legal mechanisms for the provision of replacement open space were in place. The March 2002 works lawfully commenced the development for the purposes of the planning permission, as no reasonable authority would have enforced against them, and any challenge to their efficacy is now out of time. The consultation challenge fails as the planning permission's status was not relevant to the Secretary of State's decision.

Court Disposition

Appeal dismissed