Neath Port Talbot County Borough Council v Ware

Neath Port Talbot County Borough Council v Ware

The advice given by Council officers to the councillors was not wrong; the councillors were left to make their own decisions and were not disqualified or prevented from voting. There was no procedural irregularity or immaterial consideration affecting the validity of the planning consents. The High Court judge erred in finding otherwise.

Parties
Appellant: Neath Port Talbot County Borough Council; Respondent: Linda Ware
Jurisdiction
England and Wales
Judgment Date
18 December 2007
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Procedural Irregularity, Judicial Review of Local Authority Decisions, Advice to Councillors, Planning Committee Procedures
Administrative Law Local Government Law Planning Law Procedural Irregularity Judicial Review of Local Authority Decisions Advice to Councillors Planning Committee Procedures

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Parties

Neath Port Talbot County Borough Council

Appellant

Linda Ware

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the advice given by Council officers to councillors was wrong and amounted to a procedural irregularity vitiating the planning consents
  2. 2 Whether councillors abstained from voting under a misapprehension of law due to officer advice
  3. 3 Whether judicial review was appropriate where councillors misunderstood correct advice

Ratio Decidendi

The advice given by Council officers to the councillors was not wrong; the councillors were left to make their own decisions and were not disqualified or prevented from voting. There was no procedural irregularity or immaterial consideration affecting the validity of the planning consents. The High Court judge erred in finding otherwise.

Court Disposition

Appeal allowed

Orders

  • Order of Collins J quashing the planning consents set aside
  • Costs to be determined by agreement or further submissions if not agreed