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

[2010] EWCA Civ 1033

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

Available to signed-in members.

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.

Appeal route

  1. Appealed fromNot stated in the judgmentThis appealappeal allowed (planning permission quashed; costs orders made)
  2. This judgment [2010] EWCA Civ 1033 Court of Appeal (Civil Division)

Key cases cited

Available to signed-in members.

Cases citing this case

Available to signed-in members.