Michael James Daw & Ors, R (on the application of) v Staffordshire County Council

26 April 2024

[2024] EWHC 963 (Admin)

High Court

Local residents challenged a council's decision to keep a ban on large vehicles turning onto a road. The court decided the council followed proper procedure and the decision was fair, even though some residents were unhappy.

Key Facts

•Staffordshire County Council made a traffic regulation order (the 2020 Order) prohibiting vehicles over 7.5 tonnes from making turns onto the A515.
•Claimants, residents near the affected locations, challenged the Council's decision not to include an agricultural exemption in a revised order.
•The Council's decision-making process involved informal consultation with stakeholders, including local councillors.
•Disputes arose regarding when and by whom the decision was made, and whether the consultation was fair.
•The legality of the delegation of decision-making power to council officers was also challenged.

Legal Principles

Fair consultation requires genuine, properly conducted, and fair processes, judged by the Gunning criteria (taking account of consultation responses).

R (Mosley) v Harringay LBC [2014] UKSC 56, R (Coughlan) v North & East Devon Health Authority [2001] QB 213

Apparent bias in decision-making by council officers is assessed considering the Court of Appeal's analysis in R (Lewis) v Redcar & Cleveland BC [2008] EWCA Civ 746.

R (Lewis) v Redcar & Cleveland BC [2008] EWCA Civ 746, R (Legard) v Kensington & Chelsea Royal LBC [2018] EWHC 32 (Admin)

Adequacy of reasons for a decision is judged by whether they are intelligible and enable the reader to understand why the matter was decided as it was (South Bucks DC v Porter (No 2)).

South Bucks DC v Porter (No 2) [2004] UKHL 33

Local authorities can delegate functions to officers, but officers cannot sub-delegate (Pemberton International Ltd v London Borough of Lambeth).

Pemberton International Ltd v London Borough of Lambeth [2014] EWHC 1998 (Admin)

Outcomes

The claim was dismissed.

The court found the decision was made by Mr Heminsley in February 2023, after the consultation period, and that due regard was given to consultation responses. The delegation of power to Mr Heminsley was lawful, and the consultation was fair. The reasons given for the decision were adequate.

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