Jurisdiction(s):
United Kingdom

Court of Appeal upholds Manston DCO re-grant: rule 19(3)(b) applies on redetermination; no duty to disclose expert transcripts or consult on immaterial evidence; approach to ‘need’ upheld

Published on: 28 May 2024

Published by a LexisNexis Planning expert

Legal News

Article summary

What are the practical implications of this case?

The Court of Appeal’s ruling will attract considerable attention, given the prolonged challenge to the Manston scheme over a number of years. For practitioners and others operating in the development consent order (DCO) arena, the judgment supplies welcome clarity on the reach and operation of the Infrastructure Planning (Examination Procedure) Rules 2010, SI 2010/103, rule 19(3)(b). In particular, the court confirmed that, where an earlier decision has been quashed and the Secretary of State is required to redetermine a DCO application, rule 19(3)(b) applies to the subsequent consideration of that application. That conclusion follows from the language of rule 19 and mirrors the rationale that underpins it, namely, to secure procedural fairness. Even so, on the facts here, that principle did not confer a right on interested parties to submit observations on a new report which was not material to the examining authority’s ultimate decision. Accordingly, the judgment both delineates the procedural framework for redeterminations and limits participation to matters that bear upon the examiner’s reasoning, preserving fairness without necessitating further representations where immaterial issues arise...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...