Colman v Secretary of State for Communities and Local Government -& Ors [2013] EWHC 1138 (Admin) (09 May 2013)

Colman v Secretary of State for Communities and Local Government -& Ors [2013] EWHC 1138 (Admin) (09 May 2013)

The Inspector lawfully identified and analysed the relevant development plan policies, correctly assessed their inconsistency with the NPPF, and lawfully applied the presumption in favour of sustainable development under paragraph 14 of the NPPF. The Inspector gave adequate reasons, properly considered the impact on listed buildings in accordance with section 66, and made rational findings on all grounds. The claim was dismissed as no legal error was established.

Citation
[2013] EWHC 1138 (Admin)
Parties
Claimant: Anita Colman; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: North Devon District Council; Third Defendant: RWE Npower Renewables Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2013
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Development Plan Policies, National Planning Policy Framework (nppf), Renewable Energy, Listed Buildings, Landscape Character, Judicial Review, Section 66 Planning (listed Buildings and Conservation Areas) Act 1990
Planning Law Administrative Law Environmental Law Development Plan Policies National Planning Policy Framework (nppf) Renewable Energy Listed Buildings Landscape Character +2 more

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Parties

Anita Colman

Claimant

Secretary of State for Communities and Local Government

First Defendant

North Devon District Council

Second Defendant

RWE Npower Renewables Limited

Third Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector lawfully analysed and applied the relevant development plan policies and the NPPF
  2. 2 Whether the Inspector's conclusions on policy consistency were correct
  3. 3 Whether the Inspector lawfully applied paragraph 14 of the NPPF

Ratio Decidendi

The Inspector lawfully identified and analysed the relevant development plan policies, correctly assessed their inconsistency with the NPPF, and lawfully applied the presumption in favour of sustainable development under paragraph 14 of the NPPF. The Inspector gave adequate reasons, properly considered the impact on listed buildings in accordance with section 66, and made rational findings on all grounds. The claim was dismissed as no legal error was established.

Court Disposition

Claim dismissed

Orders

  • Permission to amend grounds to add section 66 argument refused
  • No quashing of Inspector's decision