Sea & Land Power & Energy Ltd v Secretary of State for Communities and Local Government & Anor

Sea & Land Power & Energy Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector did not err in law; she took the RSS and regional renewable energy targets into account, applied the correct test for landscape harm as required by local policies, and properly balanced national and local policies. The reasons given were adequate and the decision was a legitimate exercise of planning judgment.

Parties
Claimant: Sea & Land Power & Energy Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Great Yarmouth Borough Council
Jurisdiction
England and Wales
Judgment Date
29 May 2012
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome
Claim dismissed
Legal Topics
Judicial Review of Planning Decisions, Interpretation of Development Plans, Renewable Energy Policy, Landscape Protection, Statutory Presumption in Favour of Development Plan
Administrative Law Planning Law Environmental Law Judicial Review of Planning Decisions Interpretation of Development Plans Renewable Energy Policy Landscape Protection Statutory Presumption in Favour of Development Plan

Case Brief

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Parties

Sea & Land Power & Energy Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

Great Yarmouth Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector failed to have due regard to the Regional Spatial Strategy (RSS) and renewable energy targets
  2. 2 Whether the Inspector applied the correct test for assessing landscape harm under local policies
  3. 3 Whether the Inspector failed to give primacy to national policy over local policy in the event of conflict

Ratio Decidendi

The Inspector did not err in law; she took the RSS and regional renewable energy targets into account, applied the correct test for landscape harm as required by local policies, and properly balanced national and local policies. The reasons given were adequate and the decision was a legitimate exercise of planning judgment.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Inspector's decision is refused