Resource Recovery Solutions (Derbyshire) Ltd v Secretary of State for Communities and Local Government & Anor

Resource Recovery Solutions (Derbyshire) Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector failed to consider and apply the Regional Spatial Strategy, a key component of the development plan, and failed to determine or give adequate reasons as to whether the proposal accorded with the development plan as a whole, contrary to section 38(6) of the Planning and Compulsory Purchase Act 2004. This was a material error of law and it cannot be said the same decision would necessarily have been reached absent the error.

Parties
Claimant: Resource Recovery Solutions (Derbyshire) Limited; First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: Derby City Council
Jurisdiction
England and Wales
Judgment Date
05 July 2011
Procedural Posture
Judicial Review (planning) / High Court Appeal Under Section 288 Town and Country Planning Act 1990
Outcome
Appeal allowed; Inspector's decision quashed
Legal Topics
Development Plan Compliance, Statutory Interpretation, Duty to Give Reasons, Waste Management Policy
Planning Law Administrative Law Development Plan Compliance Statutory Interpretation Duty to Give Reasons Waste Management Policy

Case Brief

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Parties

Resource Recovery Solutions (Derbyshire) Limited

Claimant

The Secretary of State for Communities and Local Government

First Defendant

Derby City Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Appeal Under Section 288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector failed to consider the Regional Spatial Strategy (RS) as part of the development plan under section 38(6) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the Inspector failed to determine and give adequate reasons as to whether the proposal accorded with the development plan, read as a whole

Ratio Decidendi

The Inspector failed to consider and apply the Regional Spatial Strategy, a key component of the development plan, and failed to determine or give adequate reasons as to whether the proposal accorded with the development plan as a whole, contrary to section 38(6) of the Planning and Compulsory Purchase Act 2004. This was a material error of law and it cannot be said the same decision would necessarily have been reached absent the error.

Court Disposition

Appeal allowed; Inspector's decision quashed

Orders

  • The decision of the First Defendant’s Inspector dated 16 November 2010 is quashed.