Britaniacrest Recycling Ltd v Surrey County Council [2015] EWHC 1019 (Admin) (19 March 2015)

Britaniacrest Recycling Ltd v Surrey County Council [2015] EWHC 1019 (Admin) (19 March 2015)

The Inspector lawfully considered all relevant factors under Policy CW6, was not required to find all four factors satisfied, and gave adequate reasons for her decision. The application to quash the planning decision was dismissed.

Citation
[2015] EWHC 1019 (Admin)
Parties
Claimant: Britaniacrest Recycling Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
19 March 2015
Procedural Posture
Judicial Review (planning) / Final Judgment and Costs Order
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Waste Management Facilities, Very Special Circumstances, Interpretation of Planning Policy, Material Considerations, Costs in Judicial Review
Planning Law Administrative Law Green Belt Policy Waste Management Facilities Very Special Circumstances Interpretation of Planning Policy Material Considerations Costs in Judicial Review

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Parties

Britaniacrest Recycling Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Surrey County Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment and Costs Order

Legal Issues

  1. 1 Whether the Inspector erred in applying Policy CW6 of the Surrey Waste Plan 2008
  2. 2 Whether all four CW6 factors must be satisfied to establish very special circumstances
  3. 3 Whether the Inspector wrongly considered factors (i) and (ii) for an existing waste site

Ratio Decidendi

The Inspector lawfully considered all relevant factors under Policy CW6, was not required to find all four factors satisfied, and gave adequate reasons for her decision. The application to quash the planning decision was dismissed.

Court Disposition

Application dismissed

Orders

  • Secretary of State awarded costs assessed at £6,553, payable by the claimant
  • Permission to appeal refused