Wye Valley Action Association Ltd., R (on the application of) v Herefordshire Council [2011] EWCA Civ 20 (26 January 2011)

Wye Valley Action Association Ltd., R (on the application of) v Herefordshire Council [2011] EWCA Civ 20 (26 January 2011)

The council lawfully concluded that the actively managed and cultivated farmland was neither uncultivated land nor a semi-natural area under Schedule 2 of the 1999 Regulations, and its decision was rational and adequately reasoned. The deputy judge erred by substituting his own assessment for that of the council and by overemphasizing environmental designations not present on the application site.

Citation
[2011] EWCA Civ 20
Parties
Respondent/claimant: Wye Valley Action Association Limited; Appellant/defendant: Herefordshire Council; Intervener: The National Farmers' Union
Jurisdiction
England and Wales
Judgment Date
26 January 2011
Procedural Posture
Judicial Review (planning/environmental) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; deputy judge's order set aside.
Legal Topics
Environmental Impact Assessment, Interpretation of Planning Regulations, Judicial Review of Local Authority Decisions
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Interpretation of Planning Regulations Judicial Review of Local Authority Decisions

Case Brief

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Parties

Wye Valley Action Association Limited

Respondent/claimant

Herefordshire Council

Appellant/defendant

The National Farmers' Union

Intervener

Procedural Posture

Judicial Review (planning/environmental) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the council erred in law in deciding that the development was not a project for the use of uncultivated land or semi-natural areas for intensive agricultural purposes under Schedule 2 of the 1999 Regulations
  2. 2 Whether the reasons given by the council for its screening opinion were legally adequate

Ratio Decidendi

The council lawfully concluded that the actively managed and cultivated farmland was neither uncultivated land nor a semi-natural area under Schedule 2 of the 1999 Regulations, and its decision was rational and adequately reasoned. The deputy judge erred by substituting his own assessment for that of the council and by overemphasizing environmental designations not present on the application site.

Court Disposition

Appeal allowed; deputy judge's order set aside.

Orders

  • Deputy judge's order quashing planning permission is set aside.
  • Council's decision that EIA was not required is restored.