Wind Prospect Developments Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWHC 4041 (Admin) (05 December 2014)

Wind Prospect Developments Ltd v Secretary of State for Communities And Local Government & Anor [2014] EWHC 4041 (Admin) (05 December 2014)

The Secretary of State was entitled to disagree with the Inspector's recommendation and exercise his own planning judgment, provided he gave adequate and intelligible reasons. The reasons given addressed the principal controversial issues, including landscape impact, visual amenity, heritage assets, tourism, and renewable energy benefits. The Secretary of State's reasoning met the legal standard required and disclosed no error of law or irrationality. The challenge was therefore dismissed.

Citation
[2014] EWHC 4041 (Admin)
Parties
Claimant: Wind Prospect Developments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Riding of Yorkshire Council
Jurisdiction
England and Wales
Judgment Date
05 December 2014
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission, Renewable Energy, Landscape Protection, Heritage Assets, Adequacy of Reasons, Judicial Review Standards, Tourism Impact, Residential Amenity
Administrative Law Planning Law Judicial Review Planning Permission Renewable Energy Landscape Protection Heritage Assets Adequacy of Reasons +3 more

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Parties

Wind Prospect Developments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Riding of Yorkshire Council

Second Defendant

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 gave proper, adequate and intelligible reasons for disagreeing with the Inspector's recommendation to grant planning permission for a wind farm
  2. 2 Whether the Secretary of State misapplied the law regarding visual impact, heritage assets, tourism, and renewable energy policy
  3. 3 Whether the Secretary of State's decision was irrational or procedurally improper

Ratio Decidendi

The Secretary of State was entitled to disagree with the Inspector's recommendation and exercise his own planning judgment, provided he gave adequate and intelligible reasons. The reasons given addressed the principal controversial issues, including landscape impact, visual amenity, heritage assets, tourism, and renewable energy benefits. The Secretary of State's reasoning met the legal standard required and disclosed no error of law or irrationality. The challenge was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Application to quash the Secretary of State's decision is refused