Ashley, R (on the application of) v Secretary of State for Communities and Local Government & Ors

Ashley, R (on the application of) v Secretary of State for Communities and Local Government & Ors

The appellant was denied procedural fairness and natural justice because he was not notified of and given an opportunity to respond to crucial expert evidence submitted at the last permissible moment, which was relied upon by the Inspector in granting planning permission. The written representation procedure and the Inspectorate's Guidance did not adequately protect the appellant's rights in these circumstances. The appeal is allowed and the planning permission is quashed on this ground only.

Parties
Appellant/claimant: Robert Ashley; First Respondent/defendant: Secretary of State for Communities and Local Government; Second Respondent/defendant: London Borough of Greenwich; Third Respondent/defendant: Taylor Wimpey UK Ltd
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Judicial Review (planning Appeal) / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Natural Justice, Procedural Fairness, Planning Permission, Environmental Impact Assessment
Administrative Law Planning Law Natural Justice Procedural Fairness Planning Permission Environmental Impact Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Robert Ashley

Appellant/claimant

Secretary of State for Communities and Local Government

First Respondent/defendant

London Borough of Greenwich

Second Respondent/defendant

Taylor Wimpey UK Ltd

Third Respondent/defendant

Procedural Posture

Judicial Review (planning Appeal) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the appellant was denied a fair hearing due to lack of opportunity to respond to late expert evidence submitted by the developer
  2. 2 Whether the planning authority failed to make an adequate screening decision under the EIA Regulations

Ratio Decidendi

The appellant was denied procedural fairness and natural justice because he was not notified of and given an opportunity to respond to crucial expert evidence submitted at the last permissible moment, which was relied upon by the Inspector in granting planning permission. The written representation procedure and the Inspectorate's Guidance did not adequately protect the appellant's rights in these circumstances. The appeal is allowed and the planning permission is quashed on this ground only.

Court Disposition

appeal allowed

Orders

  • planning permission quashed