Good Energy Generation Ltd v Secretary of State for Communities And Local Government & Anor

Good Energy Generation Ltd v Secretary of State for Communities And Local Government & Anor

Community benefit schemes (local tariff and community investment scheme) offered by the Claimant did not satisfy the statutory tests under regulation 122 of the CIL Regulations 2010 and were not material considerations; the Secretary of State properly exercised planning judgment and had adequate regard to relevant local policy and supplementary documents.

Parties
Claimant: Good Energy Generation Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Cornwall Council; Interested Party: Communities Against Rural Exploitation (CARE)
Jurisdiction
England and Wales
Judgment Date
25 May 2018
Procedural Posture
Judicial Review (planning Law) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Planning Permission, Material Considerations, Community Infrastructure Levy Regulations, Local Development Plan, Renewable Energy, Community Benefits
Administrative Law Planning Law Environmental Law Judicial Review Planning Permission Material Considerations Community Infrastructure Levy Regulations Local Development Plan +2 more

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Parties

Good Energy Generation Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Cornwall Council

Second Defendant

Communities Against Rural Exploitation (CARE)

Interested Party

Procedural Posture

Judicial Review (planning Law) / Final Judgment

Legal Issues

  1. 1 Whether community benefit schemes offered under section 106 TCPA 1990 are material considerations under regulation 122 of the CIL Regulations 2010
  2. 2 Whether the Secretary of State failed to have proper regard to the Cornwall Local Plan and supplementary planning documents

Ratio Decidendi

Community benefit schemes (local tariff and community investment scheme) offered by the Claimant did not satisfy the statutory tests under regulation 122 of the CIL Regulations 2010 and were not material considerations; the Secretary of State properly exercised planning judgment and had adequate regard to relevant local policy and supplementary documents.

Court Disposition

Claim dismissed