Wirral Borough Council v Brock Plc

Wirral Borough Council v Brock Plc

The statutory three-month period for determination of Brock's application was extended by agreement between the parties, as evidenced by their correspondence and subsequent conduct, so the Council's determination of conditions on 17 July 2000 was within time. The application was validly made on 28 February 2000, and...

Source-derived case information.

Parties
Appellant: Wirral Borough Council; Respondent: Brock PLC
Jurisdiction
England and Wales
Judgment Date
03 December 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Planning Permissions, Environmental Impact Assessment, Implementation of EU Directives, Declaratory Relief, Statutory Interpretation
Planning Law Environmental Law Administrative Law European Union Law Planning Permissions Environmental Impact Assessment Implementation of EU Directives Declaratory Relief +1 more

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Summary, issues, holding and outcome

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Parties

Wirral Borough Council

Appellant

Brock PLC

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Brock PLC made a valid application for determination of planning conditions within the statutory period under Schedule 13 of the Environment Act 1995
  2. 2 Whether the correspondence between Brock and the Council constituted an agreement to extend the statutory period for determination
  3. 3 Whether the Council's request for further details was valid and timely under paragraph 9(10) of Schedule 13

Ratio Decidendi

The statutory three-month period for determination of Brock's application was extended by agreement between the parties, as evidenced by their correspondence and subsequent conduct, so the Council's determination of conditions on 17 July 2000 was within time. The application was validly made on 28 February 2000, and the Council's request for further details was not a valid notice under paragraph 9(10) as it was out of time. The court need not decide the effect of the EU Directive in this case.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the Council's determination of 17 July 2000 is upheld as within the statutory period.