Hethel, R (on the application of) v South Norfolk Dc

[2010] EWCA Civ 1033

Case details

Case citations
[2010] EWCA Civ 1033
Court
Court of Appeal (Civil Division)
Judgment date
30 July 2010
Judgment text

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Subjects
Administrative law Planning law Judicial review
Keywords
planning permission wind turbines quashing order appeal High Court costs payment on account Supreme Court permission stay
Outcome
appeal allowed (planning permission quashed; costs orders made)
Judicial consideration

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Summary

The appeal was allowed. Planning permission for three wind turbines was quashed. The respondent was ordered to pay two thirds of the appellant’s High Court costs, the appellant’s appeal costs, and £30,000 on account. Permission to appeal to the Supreme Court and a stay were refused.

Factual background

This was an appeal from the Administrative Court of the High Court, before Mr Justice Cranston, concerning planning permission for three wind turbines. The supplied judgment text records the Court of Appeal’s orders but does not set out the grounds of appeal or the High Court’s reasons.

Held

The Court of Appeal allowed the appeal and quashed the planning permission for the three wind turbines. The court made variations to the order of Cranston J, but the supplied text does not specify them.

  • The respondent was ordered to pay the appellant’s costs of the appeal.
  • The respondent was ordered to pay two thirds of the appellant’s High Court costs, subject to detailed assessment if not agreed.
  • A payment on account of £30,000 was ordered.
  • The respondent’s applications for permission to appeal to the Supreme Court and for a stay were refused.

The court’s approach to earlier authorities

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Appellate history

  1. Court of Appeal (Civil Division): Appeal allowed. Planning permission for three wind turbines quashed. Costs and payment-on-account orders made; permission to appeal and a stay refused.
  2. High Court of Justice, Queen’s Bench Division, Administrative Court: Appeal brought from an order of Mr Justice Cranston. The appealed decision’s citation and detailed outcome are not stated in the supplied judgment text.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal allowed (planning permission quashed; costs orders made)

Key cases cited

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Cases citing this case

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