Powys County Council v The Welsh Ministers & Anor [2015] EWHC 3284 (Admin) (16 November 2015)

Powys County Council v The Welsh Ministers & Anor [2015] EWHC 3284 (Admin) (16 November 2015)

The Welsh Ministers did not err in law by excluding EN-1 as a material consideration. EN-1 applies to nationally significant infrastructure projects under the Planning Act 2008, not to planning appeals under the Town and Country Planning Act 1990 for developments under 50MW. The applicable policy was that of the Welsh Ministers (PPW and Circular 60/96). There was no procedural unfairness, and the reasons given for the decision, including on decommissioning, were adequate.

Citation
[2015] EWHC 3284 (Admin)
Parties
Claimant: Powys County Council; First Defendant: Welsh Ministers; Second Defendant: RES UK & Ireland Limited
Jurisdiction
England and Wales
Judgment Date
16 November 2015
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Material Considerations in Planning, National Policy Statements, Devolution and Planning Powers, Heritage Protection in Planning, Judicial Review of Planning Decisions
Administrative Law Planning Law Public Law Material Considerations in Planning National Policy Statements Devolution and Planning Powers Heritage Protection in Planning Judicial Review of Planning Decisions

Case Brief

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Parties

Powys County Council

Claimant

Welsh Ministers

First Defendant

RES UK & Ireland Limited

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether Welsh Ministers erred in law by excluding EN-1 National Policy Statement as a material consideration in a planning appeal for a wind farm under 50MW
  2. 2 Whether there was procedural unfairness regarding the opportunity to comment on EN-1
  3. 3 Whether adequate reasons were given for the application of Planning Policy Wales (PPW)

Ratio Decidendi

The Welsh Ministers did not err in law by excluding EN-1 as a material consideration. EN-1 applies to nationally significant infrastructure projects under the Planning Act 2008, not to planning appeals under the Town and Country Planning Act 1990 for developments under 50MW. The applicable policy was that of the Welsh Ministers (PPW and Circular 60/96). There was no procedural unfairness, and the reasons given for the decision, including on decommissioning, were adequate.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order quashing the Welsh Ministers' decision