Capel Parish Council, R (on the application of) v Surrey County Council

Capel Parish Council, R (on the application of) v Surrey County Council

Interim relief is refused because refusing it will not cause prejudice to the claimant; any challenge to a grant of planning permission can be consolidated with the section 113 challenge, minimizing costs and duplication. The balance of convenience does not favour granting interim relief.

Parties
Claimant: Capel Parish Council; Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
05 September 2008
Procedural Posture
Judicial Review / Application for Directions and Interim Relief
Outcome
Application for interim relief refused; directions given for expedited hearing and consolidation of related challenges.
Legal Topics
Interim Relief, Development Plan Challenge, Judicial Review Procedure
Administrative Law Planning Law Interim Relief Development Plan Challenge Judicial Review Procedure

Case Brief

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Parties

Capel Parish Council

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review / Application for Directions and Interim Relief

Legal Issues

  1. 1 Whether interim relief should be granted to suspend parts of the Surrey Waste Development Plan pending a substantive hearing under section 113 of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether refusal of interim relief would prejudice the claimant

Ratio Decidendi

Interim relief is refused because refusing it will not cause prejudice to the claimant; any challenge to a grant of planning permission can be consolidated with the section 113 challenge, minimizing costs and duplication. The balance of convenience does not favour granting interim relief.

Court Disposition

Application for interim relief refused; directions given for expedited hearing and consolidation of related challenges.

Orders

  • Hearing of the substantive section 113 application to be expedited and listed before a High Court planning judge in the week commencing 26 January 2009.
  • Defendant to file and serve a detailed defence by 30 September.