QM Developments (UK) Ltd v Warrington Borough Council

QM Developments (UK) Ltd v Warrington Borough Council

The court held that the claimant had adequate alternative remedies (appeal to the Secretary of State and civil litigation) and no exceptional circumstances justified judicial review. The informative in the CLEUD had no legal effect, rendering the application moot.

Parties
Claimant: QM Developments (UK) Limited; Defendant: Warrington Borough Council
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Certificate of Lawfulness of Existing Use or Development (cleud), Planning Conditions, Judicial Review, Alternative Remedies
Planning Law Administrative Law Certificate of Lawfulness of Existing Use or Development (cleud) Planning Conditions Judicial Review Alternative Remedies

Case Brief

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Parties

QM Developments (UK) Limited

Claimant

Warrington Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inclusion of an informative in a CLEUD was lawful
  2. 2 Whether the court should entertain judicial review given alternative remedies
  3. 3 Legal effect of informatives in planning decisions

Ratio Decidendi

The court held that the claimant had adequate alternative remedies (appeal to the Secretary of State and civil litigation) and no exceptional circumstances justified judicial review. The informative in the CLEUD had no legal effect, rendering the application moot.

Court Disposition

Application dismissed