Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business, Energy and Industrial Strategy & Ors [2022] EWCA Civ 1579 (01 December 2022)

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business, Energy and Industrial Strategy & Ors [2022] EWCA Civ 1579 (01 December 2022)

Requirement 2 in the DCO constitutes the 'other period' specified under section 154(1)(b) of the Planning Act 2008, displacing the default period. The definition of 'commence' in article 2(1) limits the material operations that trigger implementation. The DCO ceased to have effect at the end of the period specified in Requirement 2 because the works had not been 'commenced' by that time. There is only one applicable time period, and the Company was not entitled to the declarations sought.

Citation
[2022] EWCA Civ 1579
Parties
Claimant/appellant: Tidal Lagoon (Swansea Bay) PLC; 1st Defendant/respondent: Secretary of State for Business, Energy and Industrial Strategy; 2nd Defendant/respondent: Welsh Ministers; 3rd Defendant/respondent: The Council of the City and County of Swansea
Jurisdiction
England and Wales
Judgment Date
01 December 2022
Procedural Posture
Appeal From High Court (administrative Court) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Development Consent Orders, Time Limits for Implementation, Statutory Construction, Compulsory Acquisition
Planning Law Administrative Law Statutory Interpretation Development Consent Orders Time Limits for Implementation Statutory Construction Compulsory Acquisition

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Parties

Tidal Lagoon (Swansea Bay) PLC

Claimant/appellant

Secretary of State for Business, Energy and Industrial Strategy

1st Defendant/respondent

Welsh Ministers

2nd Defendant/respondent

The Council of the City and County of Swansea

3rd Defendant/respondent

Procedural Posture

Appeal From High Court (administrative Court) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Requirement 2 and the definition of 'commence' in the DCO modify or exclude sections 154 and 155 of the Planning Act 2008
  2. 2 Whether two separate time periods for 'beginning' and 'commencing' development exist under the DCO and the 2008 Act
  3. 3 Whether the DCO ceased to have effect due to failure to 'commence' development within the specified time

Ratio Decidendi

Requirement 2 in the DCO constitutes the 'other period' specified under section 154(1)(b) of the Planning Act 2008, displacing the default period. The definition of 'commence' in article 2(1) limits the material operations that trigger implementation. The DCO ceased to have effect at the end of the period specified in Requirement 2 because the works had not been 'commenced' by that time. There is only one applicable time period, and the Company was not entitled to the declarations sought.

Court Disposition

Appeal dismissed

Orders

  • The Company's appeal is dismissed.
  • The Company is not entitled to the declarations sought.