Halton Borough Council, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities

25 March 2024

[2024] EWHC 705 (Admin)

High Court

A council withdrew a planning application after its expert witness changed their position. The government made the council pay the costs of objectors. The court decided there's a good argument to be made that the government's decision was unreasonable, so a full hearing will happen to decide.

Key Facts

•Judicial review of the Secretary of State's decisions ordering Halton Borough Council to pay costs to HSE and Viridor.
•The decisions followed the Council's withdrawal of planning permission application 17/00468/FUL after expert witness concessions.
•The Secretary of State found the Council's conduct unreasonable due to the timing of the withdrawal.
•The Council argued the withdrawal was justified by the expert's concessions and saved costs.
•The case centers on the interpretation of Planning Practice Guidance: Appeals (6.3.14) regarding 'unreasonable behaviour' and the distinction between 'procedural' and 'substantive' matters.
•Relevant case law includes Ridgeland Properties Ltd v Bristol City Council [2011] EWCA Civ 649 and R (DPP) v Aylesbury Crown Court [2017] EWHC 2987 (Admin).

Legal Principles

Unreasonable conduct in planning appeals and the distinction between procedural and substantive matters.

Planning Practice Guidance: Appeals (6.3.14)

Due diligence in relation to expert evidence.

Ridgeland Properties Ltd v Bristol City Council [2011] EWCA Civ 649 and R (DPP) v Aylesbury Crown Court [2017] EWHC 2987 (Admin)

Outcomes

Permission for judicial review granted on all five grounds.

The judge found the questions raised regarding the Secretary of State's decisions crossed the threshold of arguability. The judge deemed the questions around due diligence in relation to expert evidence, the timing of the withdrawal and the interpretation of the Planning Practice Guidance all arguable.

Substantive hearing scheduled for 23 July 2024.

To address the remaining arguable grounds of judicial review.

Halton Borough Council, R (on the application of) v Secretary of State for Levelling Up, Housing and Communities

Key Facts

Legal Principles

Outcomes

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