High Court awards one third of costs to notice party where judicial review of planning decision withdrawn prior to hearing.
Judicial review - planning - costs of notice party where JR application withdrawn - planning permission granted to notice party for development of supermarket - judicial review commenced in relation to conditions - application withdrawn after date for filing affidavits and after fixing of trial date - whether costs should follow event - Order 99, rule 1, RSC - s 50B(2), Planning and Development Act 2000 - provision that parties should bear their own costs - discretion of court to award costs - Council Directives 85/337/EEC and 96/61/EC (2003/35/EC) - principles of statutory interpretation - whether interpretation conforms with constitution - realisation by applicants that they were wrong in bringing judicial review.