Martin v Secretary of State for Communities and Local Government [2015] EWHC 3435 (Admin) (27 November 2015)

Martin v Secretary of State for Communities and Local Government [2015] EWHC 3435 (Admin) (27 November 2015)

The inspector's decision was lawful; he gave adequate and intelligible reasons for his conclusions on the effect of the proposed wind turbine on the settings and significance of the relevant heritage assets, addressed the principal important controversial issues, and did not fail to take into account relevant policy or guidance. There was no substantial prejudice to the claimant.

Citation
[2015] EWHC 3435 (Admin)
Parties
Claimant: Julia Martin; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: West Devon Borough Council; Third Defendants: Mr and Mrs Andrew Heyward
Jurisdiction
England and Wales
Judgment Date
27 November 2015
Procedural Posture
Judicial Review (planning) / High Court Judgment on Section 288 Challenge
Outcome
Claim dismissed
Legal Topics
Planning Appeals, Heritage Assets, Adequacy of Reasons, National Planning Policy Framework, Judicial Review, Statutory Duties Under Listed Buildings Act
Planning Law Administrative Law Heritage Law Planning Appeals Heritage Assets Adequacy of Reasons National Planning Policy Framework Judicial Review +1 more

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Parties

Julia Martin

Claimant

Secretary of State for Communities and Local Government

First Defendant

West Devon Borough Council

Second Defendant

Mr and Mrs Andrew Heyward

Third Defendants

Procedural Posture

Judicial Review (planning) / High Court Judgment on Section 288 Challenge

Legal Issues

  1. 1 Whether the planning inspector failed to provide proper and adequate reasons regarding the sufficiency of information on the likely effects of the proposed wind turbine on the settings and significance of designated heritage assets
  2. 2 Whether the inspector failed to take into account relevant government policy (NPPF paragraphs 128 and 129) and guidance in assessing the impact on heritage assets

Ratio Decidendi

The inspector's decision was lawful; he gave adequate and intelligible reasons for his conclusions on the effect of the proposed wind turbine on the settings and significance of the relevant heritage assets, addressed the principal important controversial issues, and did not fail to take into account relevant policy or guidance. There was no substantial prejudice to the claimant.

Court Disposition

Claim dismissed

Orders

  • The application under section 288 of the Town and Country Planning Act 1990 is refused.
  • The inspector's decision allowing the appeal and granting planning permission stands.