Cornwall Waste Forum, St Dennis Branch, R (on the application of) v Cornwall Council [2011] EWHC 2761 (Admin) (13 October 2011)

Cornwall Waste Forum, St Dennis Branch, R (on the application of) v Cornwall Council [2011] EWHC 2761 (Admin) (13 October 2011)

The inspector and Secretary of State erred in law by failing to consider and decide, as competent authority, whether an appropriate assessment was required under the Habitats Regulations before granting planning permission, and by failing to address the claimant's challenge to the Environment Agency's assessment. A legitimate expectation was created that this issue would be determined in the planning process, and the failure to do so was unfair. The planning authority could not lawfully defer entirely to the Environment Agency where its assessment was under challenge and where the planning process had the necessary evidence to make its own determination.

Citation
[2011] EWHC 2761 (Admin)
Parties
Claimant: Cornwall Waste Forum, St Dennis Branch; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: SITA Cornwall Ltd; Third Defendant: Environment Agency; Fourth Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Judicial Review Under Section 288 Town & Country Planning Act 1990 / High Court Judgment
Outcome
Claim allowed; planning permission quashed
Legal Topics
Legitimate Expectation, Appropriate Assessment Under Habitats Directive, Division of Competence Between Planning and Pollution Control Authorities, Judicial Review of Planning Decisions, Special Areas of Conservation (sacs)
Administrative Law Environmental Law Planning Law European Union Law Legitimate Expectation Appropriate Assessment Under Habitats Directive Division of Competence Between Planning and Pollution Control Authorities Judicial Review of Planning Decisions +1 more

Case Brief

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Parties

Cornwall Waste Forum, St Dennis Branch

Claimant

Secretary of State for Communities and Local Government

First Defendant

SITA Cornwall Ltd

Second Defendant

Environment Agency

Third Defendant

Cornwall Council

Fourth Defendant

Procedural Posture

Judicial Review Under Section 288 Town & Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State, as competent authority, was required to consider and decide if an appropriate assessment under the Habitats Regulations was needed before granting planning permission for an energy-from-waste plant near Special Areas of Conservation; whether a legitimate expectation was created that the inspector would address this issue; whether the inspector was entitled to defer to the Environment Agency's assessment under Regulation 65(2) of the Habitats Regulations.

Ratio Decidendi

The inspector and Secretary of State erred in law by failing to consider and decide, as competent authority, whether an appropriate assessment was required under the Habitats Regulations before granting planning permission, and by failing to address the claimant's challenge to the Environment Agency's assessment. A legitimate expectation was created that this issue would be determined in the planning process, and the failure to do so was unfair. The planning authority could not lawfully defer entirely to the Environment Agency where its assessment was under challenge and where the planning process had the necessary evidence to make its own determination.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • The decision to grant planning permission is quashed.
  • Costs awarded to the claimant, subject to detailed assessment if not agreed.