Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy And Industrial Strategy & Ors [2021] EWHC 3170 (Admin) (25 November 2021)

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy And Industrial Strategy & Ors [2021] EWHC 3170 (Admin) (25 November 2021)

The Order must be interpreted as modifying or excluding the default statutory provisions in sections 154 and 155 of the Planning Act 2008, so that the development had to be 'commenced' (as defined in the Order) within the specified period. As the claimant did not do so, the Order lapsed and the claimant is not entitled to the declarations sought.

Citation
[2021] EWHC 3170 (Admin)
Parties
Claimant: Tidal Lagoon (Swansea Bay) PLC; First Defendant: Secretary of State for Business Energy and Industrial Strategy; Second Defendant: Welsh Ministers; Third Defendant: Council of the City and County of Swansea
Jurisdiction
England and Wales
Judgment Date
25 November 2021
Procedural Posture
Part 8 Claim (administrative Court) / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Development Consent Orders, Planning Act 2008, Interpretation of Statutory Instruments, Compulsory Purchase Powers, Time Limits for Development Consent
Administrative Law Planning Law Statutory Interpretation Development Consent Orders Planning Act 2008 Interpretation of Statutory Instruments Compulsory Purchase Powers Time Limits for Development Consent

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Parties

Tidal Lagoon (Swansea Bay) PLC

Claimant

Secretary of State for Business Energy and Industrial Strategy

First Defendant

Welsh Ministers

Second Defendant

Council of the City and County of Swansea

Third Defendant

Procedural Posture

Part 8 Claim (administrative Court) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the claimant 'began' development within the meaning of section 155 of the Planning Act 2008 within the required period under section 154
  2. 2 Whether the Order remains extant and the claimant can apply to extend the period for commencement

Ratio Decidendi

The Order must be interpreted as modifying or excluding the default statutory provisions in sections 154 and 155 of the Planning Act 2008, so that the development had to be 'commenced' (as defined in the Order) within the specified period. As the claimant did not do so, the Order lapsed and the claimant is not entitled to the declarations sought.

Court Disposition

Claim dismissed

Orders

  • Claimant not entitled to the declarations sought
  • Consequential matters to be dealt with by written submissions if necessary