Good Energy Generation Ltd v Secretary of State for Communities And Local Government & Anor [2018] EWHC 1270 (Admin) (25 May 2018)

Good Energy Generation Ltd v Secretary of State for Communities And Local Government & Anor [2018] EWHC 1270 (Admin) (25 May 2018)

The Inspector and Secretary of State were entitled to conclude, in the exercise of their planning judgment, that the community investment scheme and local tariff did not meet the legal tests in regulation 122 of the CIL Regulations 2010 and thus could not be treated as material considerations in granting planning permission. Their reasons were adequate and lawful. The Secretary of State also properly considered the development plan and supplementary planning documents.

Citation
[2018] EWHC 1270 (Admin)
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 Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Material Considerations in Planning, Community Infrastructure Levy Regulations 2010, Section 106 Planning Obligations, Renewable Energy Planning Policy, Heritage and Landscape Protection, Adequacy of Reasons in Planning Decisions
Planning Law Administrative Law Judicial Review Material Considerations in Planning Community Infrastructure Levy Regulations 2010 Section 106 Planning Obligations Renewable Energy Planning Policy Heritage and Landscape Protection +1 more

Case Brief

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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 Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State and Inspector erred in law by disregarding community benefit schemes as material considerations under regulation 122 of the CIL Regulations 2010
  2. 2 Whether the Secretary of State failed to have proper regard to the newly-adopted Cornwall Local Plan and relevant supplementary planning documents

Ratio Decidendi

The Inspector and Secretary of State were entitled to conclude, in the exercise of their planning judgment, that the community investment scheme and local tariff did not meet the legal tests in regulation 122 of the CIL Regulations 2010 and thus could not be treated as material considerations in granting planning permission. Their reasons were adequate and lawful. The Secretary of State also properly considered the development plan and supplementary planning documents.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Secretary of State's decision is refused
  • No order as to costs against the Second Defendant or Interested Party