Hargreaves v Secretary of State for Communities and Local Government & Ors

Hargreaves v Secretary of State for Communities and Local Government & Ors

The Inspector did not act unlawfully or irrationally in failing to remit the screening direction for reconsideration, in not conducting an Appropriate Assessment, or in the procedural conduct of the appeal. The Secretary of State's screening direction was determinative, mitigation measures were properly considered, and procedural fairness was observed.

Parties
Claimant: Stephen Hargreaves; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Wyre Borough Council; Third Defendant: Cornwall Light and Power Company Limited
Jurisdiction
England and Wales
Judgment Date
02 August 2011
Procedural Posture
Judicial Review (statutory Challenge Under S.288 Tcpa) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment (eia), Habitats Directive, Planning Permission, Judicial Review, Procedural Fairness
Planning Law Environmental Law Administrative Law Environmental Impact Assessment (eia) Habitats Directive Planning Permission Judicial Review Procedural Fairness

Case Brief

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Parties

Stephen Hargreaves

Claimant

Secretary of State for Communities and Local Government

First Defendant

Wyre Borough Council

Second Defendant

Cornwall Light and Power Company Limited

Third Defendant

Procedural Posture

Judicial Review (statutory Challenge Under S.288 Tcpa) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to reconsider if the development required EIA
  2. 2 Whether the Inspector failed to conduct an Appropriate Assessment under the Habitats Directive
  3. 3 Whether the Inspector acted in a procedurally unfair manner

Ratio Decidendi

The Inspector did not act unlawfully or irrationally in failing to remit the screening direction for reconsideration, in not conducting an Appropriate Assessment, or in the procedural conduct of the appeal. The Secretary of State's screening direction was determinative, mitigation measures were properly considered, and procedural fairness was observed.

Court Disposition

Claim dismissed

Orders

  • The challenge is dismissed.