FCC Environment v (1) Secretary of State for Communities And Local Government (2) East Riding of Yorkshire Council

The Inspector did not fail to take into account a material consideration, did not misunderstand law or policy, provided adequate reasoning for findings on landscape and appearance, and relied on both defence and landscape impacts in concluding the development was not sustainable; the application fails on all grounds.

Parties: Claimant: FCC Environment; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Riding of Yorkshire Council
Jurisdiction: England and Wales
Judgment Date: 23 June 2014
Procedural Posture: Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment
Outcome: Application dismissed
Legal Topics: Grampian Conditions, Material Considerations, Planning Permission, Sustainable Development, Landscape and Visual Impact, Defence and Radar Safety

Planning Law Administrative Law Grampian Conditions Material Considerations Planning Permission Sustainable Development Landscape and Visual Impact Defence and Radar Safety

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 5

Parties

FCC Environment

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Riding of Yorkshire Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment

Legal Issues

1 Whether the Inspector failed to take into account a material consideration (ODPM letter)
2 Whether the Inspector misunderstood fact, law or policy relating to Grampian conditions
3 Whether the Inspector provided adequate reasoning for moderate adverse effect on landscape and appearance

Ratio Decidendi

Court Disposition

Application dismissed