There had been an application in 1986 for planning permission for a shopping centre in Trafford. There were two public enquiries, followed, as public policy changed by further representations. The plaintiff complained that the eventual decision letter was defective in failing to deal with issues of urban regeneration, and with reservation of areas for industrial use.
Held: The Secretary of State had to state his reasons ‘in sufficient detail to enable the reader to know what conclusion he had reached on the principal important controversial issues. To require him to refer to every material consideration, however insignificant, and to deal with every argument, however peripheral would be to impose and unjustifiable burden.’ In this case, though the decision letter was open to criticism, it had achieved the necessary standard and stood.
Lord Lloyd said: ‘In all questions to do with costs, the fundamental rule is that there are no rules. Costs are always in the discretion of the court, and a practice, however widespread and longstanding, must never be allowed to harden into a rule.’
Judges:
Lord Goff of Chievley, Lord Mustill, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn
Citations:
Times 25-May-1995, Ind Summary 10-Jul-1995, (1995) 71 P and CR 309, (1995) 1 WLR 1176
Jurisdiction:
England and Wales
Citing:
See also – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2 HL 17-Jul-1995
The applicants had been successful in their appeal against a refusal of planning permission. The Secretary of State had awarded himself and the applicants their costs against the Council. The Council asked the House to give guidance on the . .
Appeal from – Bolton Metropolitan Borough Council and Others v Secretary of State for Environment and Others CA 4-Aug-1994
A decision maker can take a preliminary view of a matter provided that he continues to keep an open mind. . .
Cited – Hope v Secretary of State for the Environment 1975
. .
Cited by:
See also – Bolton Metropolitan District Council and Others v Secretary of State for the Environment and Others No 2 HL 17-Jul-1995
The applicants had been successful in their appeal against a refusal of planning permission. The Secretary of State had awarded himself and the applicants their costs against the Council. The Council asked the House to give guidance on the . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner HL 28-Mar-2007
The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
Held: The question amounted . .
Lists of cited by and citing cases may be incomplete.
Planning, Costs, Administrative
Updated: 15 May 2022; Ref: scu.78475