Health & Safety Executive v Wolverhampton City Council & Anor

Health & Safety Executive v Wolverhampton City Council & Anor

The Council unlawfully failed to notify HSE when minded to grant permission contrary to HSE advice, failed to notify HSE of the grant, and failed to provide adequate reasons and policy summary. However, the claim was brought with inexcusable delay, and relief is refused as it would substantially prejudice the interested party and is not appropriate. Only declaratory relief and an order to provide proper reasons and policy summary are granted.

Parties
Claimant: Health & Safety Executive; Defendant: Wolverhampton City Council; Interested Party: Victoria Hall Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2009
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Declarations granted; substantive relief refused; order to provide proper reasons and policy summary granted
Legal Topics
Planning Permission, Judicial Review, Hazardous Substances, Delay in Judicial Review, Revocation of Planning Permission, Obligations of Local Planning Authorities, Consultation Requirements
Administrative Law Planning Law Health and Safety Law Planning Permission Judicial Review Hazardous Substances Delay in Judicial Review Revocation of Planning Permission +2 more

Case Brief

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Parties

Health & Safety Executive

Claimant

Wolverhampton City Council

Defendant

Victoria Hall Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Council unlawfully failed to notify the Health & Safety Executive (HSE) when minded to grant planning permission contrary to HSE advice
  2. 2 Whether the Council unlawfully failed to notify HSE of the grant of permission
  3. 3 Whether the Council unlawfully failed to provide adequate reasons and policy summary under Article 22(1) of the GDPO

Ratio Decidendi

The Council unlawfully failed to notify HSE when minded to grant permission contrary to HSE advice, failed to notify HSE of the grant, and failed to provide adequate reasons and policy summary. However, the claim was brought with inexcusable delay, and relief is refused as it would substantially prejudice the interested party and is not appropriate. Only declaratory relief and an order to provide proper reasons and policy summary are granted.

Court Disposition

Declarations granted; substantive relief refused; order to provide proper reasons and policy summary granted

Orders

  • Declarations that the Council failed to notify HSE when minded to grant permission contrary to HSE advice, failed to notify HSE of the grant, failed to provide adequate reasons and failed to provide a summary of relevant policies (with 'unlawful' excised)
  • Order that the Council must give a proper summary of its reasons for granting permission and a summary of the relevant policies for the register