Howell & Ors v Stamford Renewables Ltd & Ors [2014] EWHC 3627 (Admin) (07 November 2014)

Howell & Ors v Stamford Renewables Ltd & Ors [2014] EWHC 3627 (Admin) (07 November 2014)

The inspector lawfully interpreted and applied his statutory duty under section 17A of the Norfolk and Suffolk Broads Act 1988, properly assessed and weighed the relevant planning policies in accordance with their consistency with national policy, adequately considered the energy output and benefits of the turbine, and gave sufficient reasons regarding the impact on listed buildings. There was no error of law in the inspector's decision-making process.

Citation
[2014] EWHC 3627 (Admin)
Parties
Claimant: Howell; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: Waveney Borough Council; 3rd Defendant: Stamford Renewables Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Planning Permission, Renewable Energy, Statutory Duties, Development Plan Policies, Environmental Impact Assessment
Administrative Law Planning Law Environmental Law Judicial Review Planning Permission Renewable Energy Statutory Duties Development Plan Policies +1 more

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Parties

Howell

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Waveney Borough Council

2nd Defendant

Stamford Renewables Limited

3rd Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the planning inspector misinterpreted his statutory duty under section 17A of the Norfolk and Suffolk Broads Act 1988 regarding the Broads
  2. 2 Whether the inspector misapplied or failed to apply relevant planning policies (CS16, DM03, DM27)
  3. 3 Whether the inspector failed to have regard to the energy output of the turbine as a material consideration

Ratio Decidendi

The inspector lawfully interpreted and applied his statutory duty under section 17A of the Norfolk and Suffolk Broads Act 1988, properly assessed and weighed the relevant planning policies in accordance with their consistency with national policy, adequately considered the energy output and benefits of the turbine, and gave sufficient reasons regarding the impact on listed buildings. There was no error of law in the inspector's decision-making process.

Court Disposition

Claim dismissed

Orders

  • Application to quash the inspector's decision refused