JL Anor, R (On the Application Of) v Arun District Council

JL Anor, R (On the Application Of) v Arun District Council

The consultation process was not so unfair as to be unlawful; consultees were aware of the omission regarding legal agreement costs, had the opportunity to make representations, and the process corrected the omission. The change from 'Do Nothing' to 'Do Nothing (legal)' was not a fundamental change requiring re-consultation.

Parties
Claimant: The Queen on the application of JL and AT Baird; Defendant: The Environment Agency; Interested Party: Arun District Council
Jurisdiction
England and Wales
Judgment Date
18 March 2011
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed.
Legal Topics
Judicial Review, Consultation Process, Procedural Fairness, Legitimate Expectation
Administrative Law Public Law Judicial Review Consultation Process Procedural Fairness Legitimate Expectation

Case Brief

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Parties

The Queen on the application of JL and AT Baird

Claimant

The Environment Agency

Defendant

Arun District Council

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the consultation process for the Arun to Pagham flood and erosion risk management strategy was fatally flawed due to omission of legal agreement costs in the appraisal of options for Climping frontage.
  2. 2 Whether the change from 'Do Nothing' to 'Do Nothing (legal)' as the preferred option required re-consultation.

Ratio Decidendi

The consultation process was not so unfair as to be unlawful; consultees were aware of the omission regarding legal agreement costs, had the opportunity to make representations, and the process corrected the omission. The change from 'Do Nothing' to 'Do Nothing (legal)' was not a fundamental change requiring re-consultation.

Court Disposition

Application for judicial review dismissed.

Orders

  • Claim for judicial review dismissed.
  • The Environment Agency to pay the claimants' costs up to the service of the detailed grounds; thereafter, the claimants to pay the Agency's costs.