A local authority was under a statutory duty to consult before undertaking road improvements. Because of the chaotic mail administration systems, the consultation had been ruled unlawful. The council appealed.
Held: The council had in fact failed in its duty to consult, but there was no possibility that its decision would have differed even if the consultation had been effective, and the plan was restored.
Lord Justice Henry, Lord Justice Clarke and Mr Justice Wall
Times 16-Jan-2002, Gazette 27-Feb-2002, [2001] EWHC Admin 1090, [2001] EWCA Civ 2062
Bailii, Bailii, Bailii
Road Traffic Regulation Act 1984 23
England and Wales
Citing:
Cited – Regina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .
Cited – Regina v Camden London Borough Council Ex Parte Cran and Others QBD 25-Jan-1995
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required . .
Cited by:
Cited – Partingdale Lane Residents’ Association, Regina (on the Application of) v Barnet London Borough Council Admn 2-Apr-2003
Complaint was made that a Councillor had closed his mind to any arguments and had predetermined the decision on a proposed road re-opening order.
Held: The application was allowed. Councillor Coleman had himself gone beyond a legitimate . .
Lists of cited by and citing cases may be incomplete.
Local Government, Road Traffic
Updated: 06 December 2021; Ref: scu.167373
