Bleaklow Industries Ltd, R (on the application of) v Peak District National Park Authority & Anor

Bleaklow Industries Ltd, R (on the application of) v Peak District National Park Authority & Anor

The planning authority's decision to grant planning permission and enter into the section 106 agreement was unlawful because the authority failed to properly apply the cumulative tests in Circular 1/97, did not provide sufficient information for a rational and informed comparison of planning gain, and failed to consider the material possibility of the claimant circumventing the agreement via the Mines (Working Facilities and Support) Act 1966. These failures were fundamental to the decision-making process and could have affected the outcome.

Parties
Claimant: Bleaklow Industries Limited; First Defendant: Peak District National Park Authority; Second Defendant: Glebe Mines Limited
Jurisdiction
England and Wales
Judgment Date
29 November 2006
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application granted; planning permission and section 106 agreement quashed
Legal Topics
Judicial Review, Planning Permission, Section 106 Agreements, Material Considerations, Statutory Interpretation, National Parks, Mines (working Facilities and Support) Act 1966
Administrative Law Planning Law Environmental Law Judicial Review Planning Permission Section 106 Agreements Material Considerations Statutory Interpretation +2 more

Case Brief

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Parties

Bleaklow Industries Limited

Claimant

Peak District National Park Authority

First Defendant

Glebe Mines Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the planning authority lawfully granted planning permission and entered into a section 106 agreement under the Town and Country Planning Act 1990
  2. 2 Whether the authority properly applied government policy in Circular 1/97 regarding planning obligations
  3. 3 Whether material considerations, including sustainability and the Mines (Working Facilities and Support) Act 1966, were properly taken into account

Ratio Decidendi

The planning authority's decision to grant planning permission and enter into the section 106 agreement was unlawful because the authority failed to properly apply the cumulative tests in Circular 1/97, did not provide sufficient information for a rational and informed comparison of planning gain, and failed to consider the material possibility of the claimant circumventing the agreement via the Mines (Working Facilities and Support) Act 1966. These failures were fundamental to the decision-making process and could have affected the outcome.

Court Disposition

Application granted; planning permission and section 106 agreement quashed

Orders

  • Declaration that the first defendant's decisions to grant planning permission and enter into the section 106 agreement were unlawful
  • Quashing order in respect of the planning permission dated 7th September 2004 (suspended for six months)