Provectus Remediation Ltd v Derbyshire County Council, Court of Appeal - Administrative Court, June 08, 2018, [2018] EWHC 1412 (Admin)

Resolution Date:June 08, 2018
Issuing Organization:Administrative Court
Actores:Provectus Remediation Ltd v Derbyshire County Council
 
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Neutral Citation Number: [2018] EWHC 1412 (Admin)

Case No: CO/5456/2017

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

PLANNING COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 8 June 2018

Before:

SIR WYN WILLIAMS

sitting as a Judge of the High Court

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Between:

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Scott Stemp (instructed by Birketts LLP) for the Claimant

Hashi Mohamed (instructed by the Solicitor to the Council) for the Defendant

Hearing date: 3 May 2018

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Sir Wyn Williams:

  1. In this claim, brought under Part 8 CPR, the Claimant seeks a declaration relating to the proper interpretation of Regulation 9A of the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (hereinafter ``the 2012 Regulations''). The nature and extent of the declaration sought is set out at paragraph 15 of the Claim Form. There is no need to reproduce that paragraph in this judgment; the nature of the issue between the parties will become obvious as this judgment unfolds.

  2. The relevant background facts are uncontroversial and, in summary, are as follows.

  3. On 14 September 2014 the Claimant applied to the Defendant as the local planning authority for planning permission to develop an area of land for coal mining. At the same time as the application for planning permission was submitted the Claimant paid a fee of £44,752.00 to the Defendant. On 7 September 2015 the application was withdrawn; however, by reason of regulation 9 of the 2012 Regulations if a further such application was made by the Claimant no additional fee would be payable. Such an application was submitted by the Claimant to the Defendant on 22 December 2015 although it appears that it was not registered as received until 25 January 2016. Thereafter, throughout 2016, the application was under consideration by the Defendant.

  4. On 28 April 2016, pursuant to Regulation 22 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, the Defendant sought further information from the Claimant about the application. The Defendant asked the Claimant to respond by 28 June 2016. Following requests made by the Claimant's agent the date for responding was extended to 29 July 2016 upon which date the information sought was provided.

  5. On 3 August 2016 the Council sought an extension of time for determining the application. It suggested that the application should be determined by 7 November 2016. By email dated 12 August 2016 the Claimant's agent agreed that the Defendant's time for determining the application should be extended to 7 November 2016.

  6. On 12 October 2016 the Defendant sought further information about the application pursuant to the 2011 Regulations. On 25 October 2016 the Claimant's agent informed the Defendant that the information would be...

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