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Hethel, R (on the application of) v South Norfolk Dc

[2010] EWCA Civ 1033

Case No: C1/2009/2762
Neutral Citation Number: [2010] EWCA Civ 1033
IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

ADMINISTRATIVE COURT

(MR JUSTICE CRANSTON)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Friday, 30th July 2010

Before:

LORD JUSTICE SEDLEY

LORD JUSTICE LLOYD

and

LORD JUSTICE SULLIVAN

Queen On The Application Of

Hethel

Appellant

- And -

South Norfolk Dc

Respondent

(DAR Transcript of

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Mr Philip Kovin QC and Ms Asitha Ranatunga (instructed by Messrs Sharpe Pritchard) appeared on behalf of the Appellant.

Mr Gordon Nardell QC (instructed byMessrs Bond Pearce) appeared on behalf of the Respondent.

Judgment

Lord Justice Sullivan:

1.

For the reasons set out in the approved judgement which I now hand down, the appeal is allowed. The planning permission for the three wind turbines is quashed. There are certain variations to the order of Cranston J which I need not refer to. So far as costs are concerned, the rival contentions are that the council should pay either 20%, or as much as 80%, of the claimant’s costs in the High Court. So far as the costs of the appeal are concerned, there is no issue that the respondent is to pay the appellant’s costs. So far as costs in the High Court are concerned, we have come to the conclusion that the fair order is that the respondent should pay two thirds of the appellant’s costs of the High Court proceedings. They are to be subject to detailed assessment if not agreed.

2.

So far as a payment on account is concerned, a payment on account of £30,000. The respondent’s application for permission to appeal to the Supreme Court is refused, as is the application for a stay.

Order: Appeal allowed.

Hethel, R (on the application of) v South Norfolk Dc

[2010] EWCA Civ 1033

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