Woodfield v JJ Gallagher Ltd and Others: CA 12 Oct 2016

The court consiered whether, in its order granting relief in these proceedings, the court below exceeded the scope of the remedies provided for in section 113 of the Planning and Compulsory Purchase Act 2004 in challenges to the adoption of a local plan.

Laws, Lindblom LJJ
[2016] EWCA Civ 1007
Bailii
Planning and Compulsory Purchase Act 2004 113
England and Wales

Planning

Updated: 24 January 2022; Ref: scu.570180

Burge and Another v South Gloucestershire Council: UTLC 27 Jul 2016

UTLC COMPENSATION – Tree Preservation Order – cracks appearing in conservatory – refusal of consent to fell oak tree on adjoining land – claim for cost of rebuilding conservatory – whether loss or damage reasonably foreseeable when consent refused – whether loss or damage foreseeable by claimants when conservatory erected – compensation awarded at andpound;25,000 – Town and Country Planning Act 1990, s203

[2016] UKUT 300 (LC)
Bailii
England and Wales

Land, Planning

Updated: 23 January 2022; Ref: scu.569580

Liverpool Open and Green Spaces Community Interest Company, Regina (on The Application of) v Liverpool City Council: Admn 18 Jan 2019

Two claims by the applicant community interest company against the grant of planning permissions by the defendant local planning authority. The first permits relocation and laying out of a miniature railway with associated buildings and parking. The second permission is for the building of 39 new dwellings and conversion of a historic house and grounds into 12 apartments.

Kerr J
[2019] EWHC 55 (Admin)
Bailii
England and Wales

Land, Planning

Updated: 22 January 2022; Ref: scu.633158

The Royal Society for The Protection of Birds, Re Judicial Review CSOH – 103: SCS 19 Jul 2016

Opinion

Lord Stewart
[2016] ScotCS CSOH – 103
Bailii
Marine Works (Environmental Impact Assessment) Regulations 2007
Citing:
See AlsoThe Royal Society for The Protection of Birds, Re Judicial Review CSOH – 104 SCS 19-Jul-2016
Outer House – Opinion – challenge to permission for wind farm . .
See AlsoRoyal Society for The Protection of Birds, Re Judicial Review CSOH – 105 SCS 19-Jul-2016
. .
See AlsoRoyal Society for The Protection of Birds, Re Judicial Review CSOH – 106 SCS 19-Jul-2016
. .

Lists of cited by and citing cases may be incomplete.

Scotland, Planning, Utilities, Animals

Updated: 22 January 2022; Ref: scu.568774

The Royal Society for The Protection of Birds, Re Judicial Review CSOH – 104: SCS 19 Jul 2016

Outer House – Opinion – challenge to permission for wind farm

Lord Stewart
[2016] ScotCS CSOH – 104
Bailii
Scotland
Cited by:
See AlsoRoyal Society for The Protection of Birds, Re Judicial Review CSOH – 106 SCS 19-Jul-2016
. .
See AlsoRoyal Society for The Protection of Birds, Re Judicial Review CSOH – 105 SCS 19-Jul-2016
. .
See AlsoThe Royal Society for The Protection of Birds, Re Judicial Review CSOH – 103 SCS 19-Jul-2016
Opinion . .

Lists of cited by and citing cases may be incomplete.

Planning, Environment, Animals

Updated: 22 January 2022; Ref: scu.568775

Gillingham Borough Council v Medway (Chatham) Dock Co Ltd: CA 1992

Neighbours complained at the development of a new commercial port on the site of a disused naval dockyard. Heavy vehicle traffic at night had a seriously deleterious effect on the comfort of local residents.
Held: Although a planning consent could not authorise a nuisance, it could change the character of the neighbourhood by which the standard of reasonable user fell to be judged.

Cumming-Bruce LJ
[1992] 3 All ER 923, [1993] QB 343, [1992] 3 WLR 449
England and Wales
Cited by:
CitedHunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
CitedWheeler and Another v JJ Saunders Ltd and Others CA 19-Dec-1994
The existence of a planning permission did not excuse the causing of a nuisance by the erection of a pighouse. The permission was not a statutory authority, and particularly so where it was possible it had been procured by the supply of inaccurate . .
CitedLawrence and Another v Fen Tigers Ltd and Others QBD 4-Mar-2011
The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Planning

Updated: 22 January 2022; Ref: scu.188844

Manchester Corporation v Connolly: CA 1970

The local authority sought to use an injunction to assist in enforcing planning controls. The court had no power to make an interlocutory order for possession. Lord Diplock: ‘The writ of possession was originally a common law writ (although it is now regulated, as I say, by Ord. 45 r.3) under which it was ordered that the plaintiff recover possession of the land. Like other common law remedies it did not act in personam against the defendant. It authorised the executive power as represented by the sheriff to do certain things, perform certain acts, in this particular case to evict from land persons who are there and deliver possession of the land to the plaintiff. ‘

Lord Diplock
[1970] Ch 420
England and Wales
Cited by:
CitedWrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
CitedManchester Airport Plc v Dutton and others CA 23-Feb-1999
The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence . .
CitedSecretary of State for Environment, Food, and Rural Affairs v Meier and Others SC 1-Dec-2009
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. . .

Lists of cited by and citing cases may be incomplete.

Planning, Land, Litigation Practice

Updated: 22 January 2022; Ref: scu.182489

Ronald M Duguid v Secretary of State for Environment, Transport and Regions West Lindsey District Council: CA 28 Jul 2000

Issue as to ‘arguable point on new provisions of (the Town and Country Planning Act 1990) of some general importance’ to a recurrent problem of how to safeguard an established or permitted use of land to which a landowner could revert after an enforcement notice had required him to discontinue other uses of the land in breach of planning control.

Lord Justice Ward
Lord Justice Judge
And
Mr Justice Bell
[2000] EWCA Civ 241
Bailii
England and Wales

Planning

Updated: 22 January 2022; Ref: scu.147274

Taylor v Secretary of State for the Environment Transport and the Regions and Another: QBD 30 Jan 2001

An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder’s rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste in that construction, the order to remove it would create unnecessary work and expense.

Times 30-Jan-2001, Gazette 22-Feb-2001
Town and Country Planning Act 1990 289, Town and Country Planning (General Development Procedure) Order 1995 (1995 No 419)
England and Wales
Citing:
CitedCowen v Secretary of State for Environment Peak District National Park Authority CA 26-May-1999
A land-owner laid a tarmac surface on a path within the National Park. This was held to be an improvement required for the right of way. The fact that works constituted an alteration did not avoid the protection given as an improvement. . .

Cited by:
Appeal fromTaylor and Sons (Farms) v Secretary of State for Environment Transport and the Regions and Three Rivers District Council CA 31-Jul-2001
Over a long period of time the applicants had deposited large quantities of waste on their land to hard standings and tracks. They were served with enforcement notices alleging a change from agricultural use, to agricultural use with waste deposit, . .

Lists of cited by and citing cases may be incomplete.

Agriculture, Planning

Updated: 21 January 2022; Ref: scu.89751

Tesco Stores Ltd v Secretary of State for the Environment Transport and the Regions: QBD 11 Jan 2001

The Secretary called in a decision of the inspector to permit the building of a supermarket, and reversed the decision, holding that a need had been demonstrated, but that the inspector had been insufficiently flexible in applying the sequential test under PPG6, and he felt that the proposal was inconsistent with PPG13. On appeal, it was stated that the Secretary’s decision had been sufficiently detailed to demonstrate his reasoning, and he was entitled to conclude that the inspector should apply a broader test. He had accepted the need for the development, but with clear doubts. His attitude to the parking and travel issues might have been given in more detail, but the deficiency was not enough to vitiate the decision.

Gazette 11-Jan-2001, [2001] JPL 686
England and Wales
Cited by:
CitedWandsworth London Borough Council v Secretary of State for Transport, Local Government and the Regions CA 19-Feb-2003
The applicant sought permission for a supermarket. It would fall mostly within the Lambeth area, but also in part in a neighbouring borough. One classified the development as a ‘neighbourhood centre’, but the appellant authority classified the shops . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 21 January 2022; Ref: scu.89777

Save Britain’s Heritage, Regina (on The Application of) v Liverpool City Council and Another: CA 2 Aug 2016

The court considered the meaning and application of the Government’s guidance for the consultation of Historic England and the Department for Culture, Media and Sport on proposals for development in the buffer zone of a World Heritage Site.

Sales, Lindblom LJJ
[2016] EWCA Civ 806, [2016] WLR(D) 457
Bailii, WLRD
England and Wales

Planning

Updated: 20 January 2022; Ref: scu.567952

Secretary of State for Communities and Local Government v Allen and Another: CA 15 Jul 2016

The court considered whether the Secretary of State gave adequate reasons for disagreeing with his inspector’s recommendation to allow an appeal against a refusal of planning permission for the continued use of land for the siting of caravans.

Jackson, Simon, Lindblom LJJ
[2016] EWCA Civ 767
Bailii
England and Wales

Planning

Updated: 20 January 2022; Ref: scu.567264

Carter Commercial Developments Ltd (In Administration) v Secretary of State For Transport, Local Government And The Regions, Mendip District Council: CA 4 Dec 2002

Appeal from a decision that effectively was a decision on the proper construction of a condition in a planning permission.

Buxton LJ, Arden LJ, Ward LJ
[2002] EWCA Civ 1994
Bailii
England and Wales
Citing:
Appeal fromCarter Commercial Developments Ltd v Secretary of State for The Environment Admn 27-May-2002
Planning conditions should be interpreted benevolently and not narrowly or strictly. . .

Cited by:
CitedTrump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 19 January 2022; Ref: scu.566845

DB Symmetry Ltd v Swindon Borough Council and Another: CA 16 Oct 2020

‘Whether a condition attached to the grant of planning permission for employment development of various kinds lawfully required the public to have rights of passage over roads to be constructed as part of the development.’
Held:
‘If the judge interpreted that circular as authorising the imposition of conditions which not only required a developer to provide an access road, but also to dedicate it to public use as a highway, I consider that she was wrong. Such an interpretation would be flatly contrary to consistent government policy for nearly 70 years. In my judgment Hall does impose an absolute ban on requiring dedication of land as a public highway without compensation as a condition of the grant of planning permission. I also consider, contrary to Mr Harwood’s submission, that there is no difference for this purpose between dedicating a road as a highway and transferring the land itself for highway use. As I have said, the condition in Hall did not require the land itself to be transferred, yet it was still held to be unlawful.’

Lord Justice Lewison
[2020] EWCA Civ 1331
Bailii
England and Wales

Planning

Updated: 18 January 2022; Ref: scu.655026

Cali Apartments v Procureur general pres la cour d’appel de Paris: ECJ 2 Apr 2020

Reference for a preliminary ruling – Freedom of establishment – Directive 2006/123/EC – Scope – Repeated letting of furnished accommodation for residential use for short periods to a transient clientele which does not take up residence there – National legislation and municipal rules making that letting subject to prior authorisation and offsetting – Justification – Objective of ensuring sufficient and affordable long-term rental housing – Proportionality

[2020] EUECJ C-724/18_O, ECLI:EU:C:2020:251
Bailii
European
Citing:
See AlsoCali Apartments v Attorney General at the Paris Court of Appeal ECJ 15-Oct-2019
(Order) Hearing of witnesses . .

Lists of cited by and citing cases may be incomplete.

Housing, Planning

Updated: 17 January 2022; Ref: scu.655025

AT and Others (And Nevele) v Gewestelijke stedenbouwkundige ambtenaar van het departement Ruimte Vlaanderen, afdeling Oost-Vlaanderen: ECJ 3 Mar 2020

Environment – Opinion – Reference for a preliminary ruling – Directive 2001/42 / EC – Assessment of the effects of certain’ plans and programs ‘on the environment – Strategic environmental assessment – Concept of’ plans and programs ‘- Conditions relating to the installation of wind turbines established by a regulatory decree and an administrative circular – Legal consequences of the absence of a strategic environmental assessment – Possibility, for a national judge, of provisionally maintaining the effects of national acts

C-24/19, [2020] EUECJ C-24/19_O, [2020] EUECJ C-24/19
Bailii, Bailii
European

Environment, Planning

Updated: 17 January 2022; Ref: scu.654843

Spitalfields Historic Trust Ltd, Regina (on The Application of) v Mayor of London and Others: Admn 10 May 2016

‘This matter relates to the procedure whereby the Mayor of London is able to direct that he will act as the local planning authority for a planning application and listed building consent application made to a London Borough, in this case Tower Hamlets.’

Gilbart J
[2016] EWHC 1006 (Admin)
Bailii
England and Wales

Planning

Updated: 16 January 2022; Ref: scu.564139

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature

The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before an impartial tribunal. Some decisions are properly taken by ministers administratively and they are answerable to elected bodies. Also there existed in many circumstances additional power to take such decisions was subject to judicial review by the courts.
The test of whether there is sufficient judicial control is not a mechanical one, but a test which varies according to the circumstances.
An interference with a claimant’s use of property as opposed to his ownership, will not usually give right to an order for compensation.
In the absence of some special circumstances the court should follow any clear and constant jurisprudence of the European Court of Human Rights.
Lord Hoffmann said: ‘The House is not bound by the decisions of the European Court and, if I thought that the Divisional Court was right to hold that they compelled a conclusion fundamentally at odds with the distribution of powers under the British constitution, I would have considerable doubt as to whether they should be followed’
Lord Hoffmann described departmental decision-making processes: ‘These contain, on the one hand, elaborate precautions to ensure that the decision-maker does not take into account any factual matters which have not been found by the inspector at the inquiry or put to the parties and, on the other hand, free communication within the department on questions of law and policy, with a view to preparing a recommendation for submission to the Secretary of State or one of the junior ministers to whom he has delegated the decision.’ but ‘the process of consultation within the department is simply the Secretary of State advising himself’.
Lord Hoffmann explained that ‘in a democratic country, decisions as to what the general interest requires are made by democratically elected bodies or persons accountable to them’, and that such a decision ‘is not a judicial or quasi-judicial act’, but is ‘the exercise of a power delegated by the people as a whole to decide what the public interest requires’.

Lord Slynn of Hadley Lord Nolan Lord Hoffmann Lord Hutton Lord Clyde
Times 10-May-2001, Gazette 14-Jun-2001, [2001] 2 AC 295, [2001] 2 WLR 1389, [2001] 2 All ER 929, [2001] UKHL 23
Bailii, House of Lords
Human Rights Act 1998, Town and Country Planning Act 1990, European Convention on Human Rights
England and Wales
Citing:
Appeal fromRegina (Holding and Barnes Plc) v Secretary of State for Environment, Transport and Regions; Regina (Premier Leisure UK Limited) v Secretary of State for Environment, Transport and Regions; Regina (Alconbury) etc Admn 13-Dec-2000
The court was asked whether the processes by which the Secretary of State for the Environment Transport and the Regions (SSETR) makes decisions under the Town and Country Planning Act 1990 (TCPA) and orders under the Transport and Works Act 1992 . .
ExplainedBushell v Secretary of State for the Environment HL 7-Feb-1980
Practical Realities of Planning Decisions
The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the . .
CitedRingeisen v Austria ECHR 16-Jul-1971
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedCounty Properties Limited v The Scottish Ministers OHCS 25-Jul-2000
The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal . .
CitedKaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
CitedISKCON v United Kingdom ECHR 8-Mar-1994
(Commission) A local authority had served an enforcement notice on ISKCON alleging a material change of use of the land. ISKCON appealed against the notice under section 174(2) of the Town and Country Planning Act 1990 and after a report by an . .
CitedLe Compte, Van Leuven And De Meyere v Belgium ECHR 18-Oct-1982
Even where ‘jurisdictional organs of professional associations’ are set up: ‘Nonetheless, in such circumstances the Convention calls at least for one of the two following systems: either the jurisdictional organs themselves comply with the . .
CitedAlbert And Le Compte v Belgium ECHR 10-Feb-1983
. .
CitedFredin v Sweden ECHR 18-Feb-1991
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of . .
CitedAllan Jacobsson v Sweden ECHR 25-Oct-1989
‘According to the Court’s case law, this provision comprises three distinct rules. The first rule, set out in the first sentence of the first paragraph, is of a general nature and enunciates the principle of peaceful enjoyment of property; the . .
CitedAssociated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
CitedChapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
CitedRegina v Secretary of State for Home Department ex parte Turgut CA 28-Jan-2000
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European . .
CitedEdwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
CitedRegina v Criminal Injuries Compensation Board Ex Parte A HL 11-Mar-1999
A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation.
Held: The decision . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedAshbridge Investments Ltd v Minister of Housing and Local Government CA 1965
The Minister had decided to confirm a CPO of premises which were now alleged not to be a house as was required by the legislation under which the order was made.
Held: The court can interfere if the decision maker has taken into account a . .
CitedHoward v United Kingdom ECHR 16-Jul-1987
. .
CitedSporrong and Lonnroth v Sweden ECHR 23-Sep-1982
Balance of Interests in peaceful enjoyment claim
(Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years.
Held: Article 1 comprises three distinct . .
CitedKonig v Federal Republic of Germany ECHR 28-Jun-1978
The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the . .
CitedSecretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
CitedStringer v Ministry of Housing and Local Government 1970
The material considerations to be allowed for by the local authority in exercising its planning functions are considerations of a planning nature, ‘all considerations relating to the use and development of land are considerations which may, in a . .
CitedBenthem v The Netherlands ECHR 23-Oct-1985
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient . .
CitedZander v Sweden ECHR 25-Nov-1993
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
CitedSkarby v Sweden ECHR 28-Jun-1990
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings . .
CitedPudas v Sweden ECHR 27-Oct-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses . .
CitedTre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
CitedBoden v Sweden ECHR 27-Oct-1987
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings . .
CitedFrancis v Yiewsley and West Drayton Urban District Council 1958
The claimant was said to have failed to comply with an enforcement notice.
Held: A person prosecuted for failure to discontinue a use in accordance with an enforcement notice could challenge the validity of the notice before the criminal court . .
CitedX v United Kingdom ECHR 1998
The Commission held that a compulsory purchase order affected the applicant’s private rights of ownership, that these were ‘civil rights’, and that in challenging the making of the order she was entitled to the protection of article 6(1). . .
CitedMoreira De Azevedo v Portugal ECHR 28-Aug-1991
Held: Article 6(1) applied where the applicant had joined as an assistant in criminal proceedings with a view to securing financial reparation for injuries which he claimed he had suffered at the hands of the accused but had not filed any claim in . .
CitedRegina v Wicks HL 21-May-1997
Criminal proceedings, forming part of the general scheme of enforcement of planning control contained in Part VII of the Act, had been taken.
Held: The validity of a planning enforcement notice must be challenged in civil proceedings, not . .
CitedZumtobel v Austria ECHR 21-Sep-1993
The Zumtobel partnership objected to the compulsory purchase of their farming land to build the L52 by-pass road in the Austrian Vorarlberg. The appropriate Government committee heard their objections but confirmed the order. They appealed to an . .

Cited by:
CitedRegina (on the Application of Bibi) v Rochdale Metropolitan Borough Council Housing Benefit Review Board Admn 27-Nov-2001
The respondent board had refused to pay housing benefit on the basis that the claimant’s tenancy was not run on a commercial basis. She asserted that they had not given her a fair opportunity to be heard. New regulations had changed the treatment of . .
CitedAdlard and Others, Regina (on the Application of) v Fulham Stadium Ltd CA 17-May-2002
The landowners sought permission to redevelop their football stadium. The authority were minded to grant the permission, and after an enquiry, permission was granted, but in the meantime another permission was proposed for a larger stadium. This was . .
CitedLangton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another Admn 17-Dec-2001
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The . .
CitedThe Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson CA 18-Dec-2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6.
Held: . .
CitedClark (Procurator Fiscal, Kirkcaldy) v Kelly PC 11-Feb-2003
PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence.
Held: The legal adviser was not subject to the same . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedThe Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence CA 3-Apr-2003
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in . .
CitedRegina (Kehoe) v Secretary of State for Work and Pensions QBD 16-May-2003
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost.
Held: The statute debarred the . .
CitedCarson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
CitedBushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others Admn 31-Jul-2003
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete . .
CitedE v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
CitedAggregate Industries UK Ltd, Regina (on the Application Of) v English Nature and and Another Admn 24-Apr-2002
The claimant challenged English Nature’s confirmation of a notice that their land was a site of special scientific interest. The land comprised some 600 acres in Hampshire which had planning permission for mineral extraction known as ‘Bramshill’. . .
CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
CitedWhitmey, Regina (on the Application of) v the Commons Commissioners CA 21-Jul-2004
The applicant sought to leave to appeal against refusal of his challenge to the registration of land as a green.
Held: The 1965 Act did not limit the registration of greens to those which were registered by 3 January 1970. The Commons . .
CitedTrailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another CA 15-Dec-2004
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. . .
CitedNational Association of Health Stores and Another, Regina (on the Application of) v Department of Health CA 22-Feb-2005
Applications were made to strike down regulations governing the use of the herbal product kava-kava.
Held: The omission of any transtitional provisions had not affected anyone. Nor was the failure to consult as to the possibility of dealing . .
CitedNunn, Regina (on the Application of) v First Secretary of State and others CA 8-Feb-2005
The operator sought permission to erect a mobile phone mast. The authority failed to serve notice of the decision to refuse prior approval. The applicant wished to object.
Held: The applicant had been deprived of her right to make objection to . .
CitedMeerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
CitedPrice and others v Leeds City Council CA 16-Mar-2005
The defendant gypsies had moved their caravans onto land belonging to the respondents without planning permission. They appealed an order to leave saying that the order infringed their rights to respect for family life.
Held: There had been . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
CitedKehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
CitedHammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
CitedSkipaway Ltd v The Environment Agency Admn 5-May-2006
The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
CitedHuang v Secretary of State for the Home Department HL 21-Mar-2007
Appellate Roles – Human Rights – Families Split
The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own . .
CitedCorner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another Admn 10-Apr-2008
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the . .
CitedAnimal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport HL 12-Mar-2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of . .
CitedCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
CitedHeald and Others v London Borough of Brent CA 20-Aug-2009
The court considered whether it was lawful for a local authority to outsource the decision making on homelessness reviews. The appellants said that it could not be contracted out, and that the agent employed lacked the necessary independence and was . .
CitedA, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
CitedG, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
CitedBank Mellat v HM Treasury QBD 11-Jun-2010
The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of . .
CitedAmbrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedKing, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
CitedSave Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts Admn 7-Mar-2013
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. . .
CitedWalsall Metropolitan Borough Council v Secretary of State for Communities and Local Government CA 6-Feb-2013
The Council sought permission to appeal against the setting aside of two enforcement notices, leave having been refused by the Administrative court. The court now considered whether it had jusridiction, and whether the rule in Lane v Esdaile was to . .
CitedFaulkner, Regina (on The Application of) v Secretary of State for Justice and Another SC 1-May-2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedHS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
CitedBourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
CitedCommissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
CitedSuffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
CitedHallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It . .
CitedFinucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Planning, Human Rights, Administrative, Constitutional

Leading Case

Updated: 16 January 2022; Ref: scu.88606

Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002

The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal planning application, no determination had been made.
Held: The procedure of making a determination had important consequences. It was one stage of a statutory process, which required for several reasons that there first should be a planning application. Nor, here was there any material upon which as estoppel could be raised against the council. Estoppels may bind individuals, where it would unconscionable for them to deny what they had represented or agreed. But those private law concepts should not be extended into the public law of planning control, which bound everyone. Attempts to reconcile the law of estoppel in private and public law contexts were unsatisfactory.
Lord Hoffmann: ‘Public law can also take into account the hierarchy of individual rights which exist under the Human Rights Act 1998, so that, for example, the individual’s right to a home is accorded a high degree of protection . . while ordinary property rights are in general far more limited by considerations of public interest . . .’

Lord Nicholls of Birkenhead, Lord Mackay of Clashfern, Lord Hoffmann, Lord Hope of Craighead and Lord Scott of Foscote
Times 05-Mar-2002, [2002] UKHL 8, [2003] 1 WLR 348, [2002] 4 All ER 58, [2002] 10 EGCS 158, [2003] 1 P and CR 5, [2002] JPL 821, [2002] NPC 32
House of Lords, Bailii
Town and Country Planning Act 1964 64, Town and Country Planning General Development Order 1988 (SI 1988 No 1813)
England and Wales
Citing:
CitedNewbury District Council v Secretary of State for the Environment HL 1980
Issues arose as to a new planning permission for two existing hangars.
Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be . .
CitedWestern Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Appeal fromRegina v East Sussex County Council (ex parte Reprotech (Pebsham) Limited) Admn 30-Jul-1999
Where an application for an alteration in a planning permission would mean also that the original use for which permission had been granted would need alteration, a local authority was correct to treat the new use as if it had been a use ancillary . .

Cited by:
CitedBloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
CitedRowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
CitedStancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedYeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
CitedGrimsby Institute of Further and Higher Education, Regina (on The Application of) v Learning and Skills Council Admn 12-Aug-2010
The applicant had applied to the respondent for funding for new buildings. The application was approved, but the application was rejected when the respondent ran out of funds. The claimant said that a legitimate expectation had been created, and . .
CitedFinucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Planning, Estoppel, Human Rights

Updated: 16 January 2022; Ref: scu.167713

Secretary of State for Communities and Local Government v West Berkshire District Council and Another: CA 11 May 2016

Laws LJ said that the Secretary of State’s power to formulate and adopt national planning policy is not given by statute, but is ‘an exercise of the Crown’s common law powers conferred by the royal prerogative.’

Lord Dyson MR, Laws, Teac LJJ
[2016] EWCA Civ 441, [2016] WLR(D) 260, [2016] JPL 1034, [2016] 2 P and CR 8, [2016] 1 WLR 3923, [2016] PTSR 982
Bailii, WLRD
England and Wales
Cited by:
CitedSuffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 15 January 2022; Ref: scu.563430

Blackpool Borough Council, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 9 May 2016

This case is about the future use of a synagogue in Blackpool, which is not being used for Jewish worship at present. It is a heritage asset, of historic and architectural significance.

Kerr J
[2016] EWHC 1059 (Admin)
Bailii

Planning

Updated: 14 January 2022; Ref: scu.563273

Waters, Regina (on The Application of) v Breckland District Council: Admn 6 May 2016

The Claimant applied for judicial review of the Defendant’s decision:
i) to grant a certificate of lawfulness in respect of operational development, dated 8 July 2015; and
ii) to refuse to take enforcement action, as stated in the Defendant’s solicitor’s response to the Claimant’s pre-action protocol letter

Lang DBE J
[2016] EWHC 951 (Admin)
Bailii

Planning

Updated: 14 January 2022; Ref: scu.563232

London Borough of Newham v Miah and Another: Admn 6 May 2016

The appellant Council, appealed by way of case stated against the decision of lay justices to acquit the first respondent of two offences of breaching an enforcement notice it had issued against the change of use of a property to two self-contained flats without planning permission.

Cranston J
[2016] EWHC 1043 (Admin)
Bailii
Town and Country Planning Act 1990 171A 179

Planning

Updated: 14 January 2022; Ref: scu.563229

Gregan and Others, Regina (on the Application of) v Hartlepool Borough Council and Another: Admn 18 Dec 2003

The planning permission allowed the ‘dismantling and refurbishment of redundant marine structures and equipment’ The applicant sought a declaration that the land owner would not be entitled under the permission to dismantle ships.
Held: As a matter of ordinary language, a ship is not a marine structure. Details in the original environmental statement supported this.

[2003] EWHC 3278 (Admin), Times 22-Jan-2004
Bailii
England and Wales

Planning

Updated: 14 January 2022; Ref: scu.193687

Tracey, Re Application for Judicial Review: QBNI 26 Nov 2021

‘This judicial review challenge may, foreseeably, ultimately prove to be the first major staging post in a lengthy legal struggle on the part of all opposed to Dalradian’s proposed gold mining at Curraghinalt. The evidence shows that a former Minister of the Northern Ireland Executive has promised a public inquiry and, irrespective, all objectors have a statutory right to make representations opposing the proposed development and, in certain eventualities, to bring further legal challenges. On one view, the real battle has just begun in earnest.’

Humphreys J
[2021] NIQB 104
Bailii
Northern Ireland

Planning

Updated: 13 January 2022; Ref: scu.670945

Wychavon District Council v Secretary of State for Communities and Local Government and Another: Admn 16 Mar 2016

The claimant sought to challenge the decision of a planning inspector by which the inspector allowed the appeal of the Interested Party and granted planning permission for 32 dwellings. The defendant now conceded the case, but the interested party said that there had been no proper basis for the challenge.

Coulson J
[2016] EWHC 592 (Admin)
Bailii
England and Wales

Planning

Updated: 12 January 2022; Ref: scu.561169

London Historic Parks and Gardens Trust v Secretary of State for Housing Communities and Local Government: Admn 2 Oct 2020

Whether the United Kingdom has failed to transpose properly into English law the requirements in Article 9a of Directive 2011/92/EU (‘the Directive’) for independence and objectivity in the discharge by a ‘competent authority’ of its duties regarding environmental impact assessment of its own projects.

The Hon Mr Justice Holgate
[2020] EWHC 2580 (Admin)
Bailii
England and Wales

Planning

Updated: 12 January 2022; Ref: scu.654996

Carter Commercial Developments Ltd v Secretary of State for The Environment: Admn 27 May 2002

Planning conditions should be interpreted benevolently and not narrowly or strictly.

Sullivan J
[2002] EWHC 1200 (Admin)
Bailii
England and Wales
Cited by:
CitedTrump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland) SC 16-Dec-2015
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course.
Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and . .
Appeal fromCarter Commercial Developments Ltd (In Administration) v Secretary of State For Transport, Local Government And The Regions, Mendip District Council CA 4-Dec-2002
Appeal from a decision that effectively was a decision on the proper construction of a condition in a planning permission. . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 10 January 2022; Ref: scu.560447

Connors and Others v Secretary of State for Communities and Local Government and Others: CA 17 Nov 2015

Renewed application by Mrs Jane Lee, a Romani gypsy, for permission to appeal from an order of Lewis J sitting in the Planning Court. The case arises out of a refusal of planning permission, and the subsequent issue of an enforcement notice, in respect of the use of land in the Green Belt for the stationing of a mobile home. In fact, Mrs Lee’s daughter and son-in-law were living on the site with two children in full-time education and a baby.

Richards LJ
[2015] EWCA Civ 1454
Bailii
England and Wales

Planning

Updated: 10 January 2022; Ref: scu.560431