Mortell, R (on the application of) v Oldham Metropolitan Borough

Mortell, R (on the application of) v Oldham Metropolitan Borough

The defendant failed to consider four relevant matters—cumulative effects, construction phase impacts, contamination, and architectural heritage—when issuing screening opinions for the planning permissions. This failure rendered the screening opinions unlawful and, consequently, the planning permissions must be quashed.

Parties
Claimant: Mortell; Defendant: Oldham Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
30 March 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; planning permissions quashed; costs awarded to claimant.
Legal Topics
Environmental Impact Assessment, Planning Permission, Screening Opinion, Judicial Review, Housing Market Renewal
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Planning Permission Screening Opinion Judicial Review Housing Market Renewal

Case Brief

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Parties

Mortell

Claimant

Oldham Metropolitan Borough Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the defendant failed to take into account relevant considerations in its screening opinions for planning permissions under the Environmental Impact Assessment Regulations
  2. 2 Whether the planning permissions should be quashed due to invalid screening opinions

Ratio Decidendi

The defendant failed to consider four relevant matters—cumulative effects, construction phase impacts, contamination, and architectural heritage—when issuing screening opinions for the planning permissions. This failure rendered the screening opinions unlawful and, consequently, the planning permissions must be quashed.

Court Disposition

Application allowed; planning permissions quashed; costs awarded to claimant.

Orders

  • The planning permissions are quashed.
  • The defendant shall pay the claimant's costs, to be assessed if not agreed.