Rhoscrowther Wind Farm Ltd v The Welsh Ministers & Anor [2016] EWHC 1388 (Admin) (09 June 2016)

Rhoscrowther Wind Farm Ltd v The Welsh Ministers & Anor [2016] EWHC 1388 (Admin) (09 June 2016)

The Inspector did not err in law in his treatment of the SPG, the Enterprise Zone status, or the assessment of harm to the heritage asset; all grounds amounted to challenges to the merits rather than to the lawfulness of the decision.

Citation
[2016] EWHC 1388 (Admin)
Parties
Claimant: Rhoscrowther Wind Farm Limited; First Defendant: The Welsh Ministers; Second Defendant: Pembrokeshire County Council
Jurisdiction
England and Wales
Judgment Date
09 June 2016
Procedural Posture
Judicial Review (planning) / Renewed Application for Permission Under Section 288 of the Town and Country Planning Act 1990
Outcome
Application refused
Legal Topics
Material Considerations in Planning, Interpretation of Supplementary Planning Guidance, Heritage Asset Protection, Enterprise Zone Status in Planning, Substantial Harm to Listed Buildings
Planning Law Administrative Law Environmental Law Material Considerations in Planning Interpretation of Supplementary Planning Guidance Heritage Asset Protection Enterprise Zone Status in Planning Substantial Harm to Listed Buildings

Case Brief

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Parties

Rhoscrowther Wind Farm Limited

Claimant

The Welsh Ministers

First Defendant

Pembrokeshire County Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Renewed Application for Permission Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector erred in treating the National Park SPG as immaterial or not supportive of the proposal
  2. 2 Whether the Inspector failed to take into account the Enterprise Zone status of the site
  3. 3 Whether the Inspector failed to properly assess the significance of St Decumanus' Church as a heritage asset

Ratio Decidendi

The Inspector did not err in law in his treatment of the SPG, the Enterprise Zone status, or the assessment of harm to the heritage asset; all grounds amounted to challenges to the merits rather than to the lawfulness of the decision.

Court Disposition

Application refused

Orders

  • Permission to proceed with the section 288 application is refused