In the High Court of Justice CO Ref:

Queen’s Bench Division CO/1850/2020

Administrative Court
In the matter of an application for Judicial Review

The Queen on the application of Andrew Appleby

versus West Suffolk Council

Application for permission to apply for Judicial Review

NOTIFICATION of the Judge’s decision (CPR Part 54.11, 54.12)

Following consideration of the documents lodged by the Claimant and the Acknowledgement
of service filed by the Defendant

Order by the Honourable Mr Justice Fordham

Permission is hereby refused.

Reasons: I see no realistic prospect of success in this claim. The high-water mark of the
claim seems to me to be (a) Newmarket Town Councillors were not themselves consulted
and (b) Newmarket proposals came in a late further report (11.2.20). I am satisfied that (a)
is, beyond argument, answered by the email of 4.3.20: it is sufficient for stakeholder
engagement with NTC to have had meetings with the clerk on 25.9.19 and the Mayor on
11.10.19. I am satisfied that (b) does not arguably constitute inadequate consultation,
viewing the non-statutory – and now the statutory – process of engagement and
consideration overall. I can see nothing in the other points, for the reasons given in the
summary grounds. I make clear that I do not regard as freestanding ‘knock-out blows’ D’s
points that (i) there is now a statutory consultation or (ii) C was himself well-informed and
able to make representations. These are, rather, relevant features of the case forming part
of the overall picture. Costs of the AOS are, on the face of it, appropriately recoverable, but
I applied a reduction to reflect what I think reasonable. It has not affected my costs order but
I say, in case the case goes further, that C’s Aarhus Convention invocation (N461 section 6)
is not accompanied by compliance with CPR 45.42(1)(b), and D’s N463 section E is blank.

Orders and directions as to costs:

 The costs of preparing the acknowledgment of service are to be paid by the claimant to
the defendant, in the sum of £1,500. This is a final order as to costs unless within 14
days the claimant notifies the court and the defendant, in writing, that he objects to
paying costs, or objects to the amount now ordered to be paid, in either case giving
reasons. If he does so, the defendant has a further 14 days to respond to both the court
and the claimant, and the claimant the right to reply within a further 7 days, after which
the defendant’s claim for costs and any submissions in relation to it will be put before a
judge to be determined on the papers, or at a hearing to reconsider the application for
permission.
 Where the claimant seeks a reconsideration of the application for permission the above
order now made as to costs will be final unless the Claimant files the written
representations referred to above or further order is made by the Court either at a
permission hearing or as a consequence of the parties settling the claim and reaching
agreement as to costs.

Signed 23 June 2020

Form JRJ 7 September 2017 – Judicial Review Permission Refused [NLA claim]
 The date of service of this order is calculated from the date in the section below

Sent / Handed to the claimant, defendant and any interested party / the claimant's, defendant’s, and any interested party’s
solicitors on (date): 23/06/2020
Solicitors: IN PERSON
Ref No.

Notes for the Claimant

If you request the decision to be reconsidered at a hearing in open court under CPR 54.12, you must
complete and serve the enclosed FORM (86B) within 7 days of the service of this order. A fee is payable on
submission of Form 86B. For details of the current fee please refer to the Administrative Court fees
table at https://www.gov.uk/court-fees-what-they-are. Failure to pay the fee or submit a certified application
for fee remission may result in the claim being struck out. The form to make an application for remission of a
court fee can be obtained from the Justice website https://www.gov.uk/get-help-with-court-fees

NOTE: Pursuant to CPR Part 40.7(1) this order takes effect from the date it was made. In the light of the Covid-19
pandemic the court staff are working remotely. In these circumstances a sealed order (as required under CPR Part
40.2(2)(b)) will be served within 7 days of the court office of the Queen’s Bench Division re-opening.

Form JRJ 7 September 2017 – Judicial Review Permission Refused [NLA claim]