The High Court refused an application for leave to seek judicial review and to amend the grounds of challenge brought by applicants whose family home and business were subject to a compulsory purchase order by a local authority for the construction of a new inner relief road and bridge. The court determined that the proposed amendments amounted to an entirely new case, brought outside the permitted timeframe without adequate explanation for the delay. It held that the environmental and constitutional issues raised should have been challenged at an earlier stage when development consent was granted, and that any attempt to revisit those issues now would be impermissible. The High Court further found that the applicants had failed to provide substantial or even arguable grounds to challenge the confirmation of the compulsory purchase order. No order as to costs was made regarding an adjourned hearing.
judicial review – leave to apply for judicial review – application to amend grounds – compulsory purchase order (CPO) – development consent – Part 8 procedure – planning authority – road construction – environmental assessment – Habitats Directive – adequate compensation – constitutional rights – costs protection – RSC Order 84 – Planning and Development Act 2000 – Housing Act 1966 – failure to demonstrate substantial grounds