Capel Parish Council, R (on the application of) v Surrey County Council [2008] EWHC 2364 (Admin) (5 September 2008)

Capel Parish Council, R (on the application of) v Surrey County Council [2008] EWHC 2364 (Admin) (5 September 2008)

Refusing interim relief will not prejudice the claimant; consolidation of any judicial review challenge with the section 113 challenge is in the interests of efficiency, cost-saving, and expedites resolution.

Citation
[2008] EWHC 2364 (Admin)
Parties
Claimant: Capel Parish Council; Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
05 September 2008
Procedural Posture
Judicial Review / Interlocutory Directions Hearing
Outcome
Application for interim relief refused; directions given for consolidation of any judicial review challenge with section 113 proceedings.
Legal Topics
Interim Relief, Development Plan Challenge, Judicial Review Consolidation, Costs Directions
Administrative Law Planning Law Environmental Law Interim Relief Development Plan Challenge Judicial Review Consolidation Costs Directions

Case Brief

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Parties

Capel Parish Council

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review / Interlocutory Directions Hearing

Legal Issues

  1. 1 Whether interim relief should be granted suspending operation of parts of the Surrey Waste Development Plan
  2. 2 Whether any challenge to a grant of planning permission should be consolidated with the section 113 challenge

Ratio Decidendi

Refusing interim relief will not prejudice the claimant; consolidation of any judicial review challenge with the section 113 challenge is in the interests of efficiency, cost-saving, and expedites resolution.

Court Disposition

Application for interim relief refused; directions given for consolidation of any judicial review challenge with section 113 proceedings.

Orders

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