Source: All England Reporter
Publisher Citation: [2012] All ER (D) 312 (Nov)
Neutral Citation: [2012] EWCA Civ 1509
Court: Court of Appeal, Civil Division

Sullivan, Patten LJJ and Sir David Keene

Representation Alex Goodman (instructed by Richard Buxton Environmental Public Law) for the claimant.
  The authority did not appear and was not represented.
Judgment Dates: 18 October 2012


Town and country planning - Permission for development - Material consideration - Defendant local housing authority granting approval on reserved matters regarding two housing developments - Claimant being concerned by effect of sewerage system drainage into estuary or bay - Claimant seeking judicial review of authority's decision - Whether authority failing to take material consideration into account - Whether authority taking irrelevant consideration into account.

The Case

Town and country planning Permission for development. The Court of Appeal, Civil Division, dismissed the claimant's application for judicial review of the defendant local housing authority's grant of reserved matters approval in respect of two new housing developments in south Wales, in circumstances where the authority had neither failed to take into account a material consideration nor had had regard to an irrelevant consideration.

Practice Areas

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