Wye Valley Action Association Ltd., R (on the application of) v Herefordshire Council

Wye Valley Action Association Ltd., R (on the application of) v Herefordshire Council

The council correctly understood and lawfully applied the meaning of 'uncultivated land or semi-natural areas' in Schedule 2 of the 1999 Regulations. Its conclusion that the actively managed farmland was not a semi-natural area was rational and within the range of reasonable decisions. The reasons given for the screening opinion were adequate.

Parties
Claimant/respondent: Wye Valley Action Association Limited; Defendant/appellant: Herefordshire Council; Intervener: National Farmers’ Union
Jurisdiction
England and Wales
Judgment Date
26 January 2011
Procedural Posture
Judicial Review (planning/eia) / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Environmental Impact Assessment, Interpretation of Regulations, Planning Permission, Judicial Review
Environmental Law Administrative Law Planning Law Environmental Impact Assessment Interpretation of Regulations Planning Permission Judicial Review

Case Brief

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Parties

Wye Valley Action Association Limited

Claimant/respondent

Herefordshire Council

Defendant/appellant

National Farmers’ Union

Intervener

Procedural Posture

Judicial Review (planning/eia) / 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 inadequate in law

Ratio Decidendi

The council correctly understood and lawfully applied the meaning of 'uncultivated land or semi-natural areas' in Schedule 2 of the 1999 Regulations. Its conclusion that the actively managed farmland was not a semi-natural area was rational and within the range of reasonable decisions. The reasons given for the screening opinion were adequate.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • Deputy judge’s order quashing planning permission set aside.
  • Planning permission stands; no EIA required.