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High Court, in planning and development judicial review proceedings, rules on an application for a pre-emptive or protective costs order in respect of the proceedings challenging a decision of the planning board to grant development consent for a large-scale residential development, and finds that the statutory special costs procedures apply to the entirety of the proceedings and not just to certain of the grounds of challenge advanced by the applicants.
Judicial review - planning and development - application for a pre-emptive or protective costs order - challenge to planning decision granting development consent for large-scale residential development - special costs rules governing environmental litigation - whether special rules apply to entirety of proceedings or merely to certain of the grounds of challenge advanced - background facts - grounds of challenge - jurisdiction to make protective costs order - planning and development legislative regime - caselaw - European caselaw - domestic statutory amendment of planning legislation - principle of precedent - rationale underpinning use of precedent - nature of decision impugned - national environmental law - respondent's overly narrow characterisation of grounds of challenge - unnecessary to consider alternative basis for special costs protection.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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