- My way not the highway—High Court nullifies Norfolk County Council’s consultation on highway works (R v Norfolk County Council)
- What are the practical implication of this case?
- What was the background?
- What did the court decide?
- Ultra vires
- Adequate lawful reasons
- Immaterial consideration
- What are the practical implications of this case?
- Case details
Planning analysis: The High Court has held that a consultation decision and response from Norfolk County Council (NCC) was unlawful, immaterial and ultra vires and so upheld a judicial review claim on the matter. The claimant, Swainsthorpe Parish Council, sought judicial review on four grounds: (i) The decision and the response were ultra vires; (ii) Failure by the defendant to give adequate lawful reasons for the decision and response; (iii) Immaterial considerations when making the decision and providing the response; and, (iv) Irrationality. The points of relevance in deciding the issue were NCC’s referral of the matter to its executive committee and the committee’s subsequent analysis of, and its consultation response to, the planning application in question. It was held that NCC’s response should have been made only in its capacity as Highways Authority, not, as it was, its wider views on the benefits to the local economy. Written by Rebecca Roffe, partner at CMS.
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