Dudgeon Offshore Wind Ltd v Secretary of State for Communities & Local Government & Ors

Dudgeon Offshore Wind Ltd v Secretary of State for Communities & Local Government & Ors

The Inspector and Secretaries of State took into account the possibility of alternative sites as a factor against granting planning permission without giving Dudgeon Offshore Wind Limited a fair opportunity to address that issue, amounting to procedural unfairness. This procedural defect infected the decision, which must be quashed.

Parties
Claimant: Dudgeon Offshore Wind Limited; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Secretary of State for Energy & Climate Change; Third Defendant: Breckland District Council; Fourth Defendant: Norfolk Farm Produce Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2012
Procedural Posture
Judicial Review (s.288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Procedural Fairness, Development Plan Interpretation, Alternative Sites in Planning, Renewable Energy Infrastructure, Statutory Interpretation
Administrative Law Planning Law Environmental Law Procedural Fairness Development Plan Interpretation Alternative Sites in Planning Renewable Energy Infrastructure Statutory Interpretation

Case Brief

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Parties

Dudgeon Offshore Wind Limited

Claimant

Secretary of State for Communities & Local Government

First Defendant

Secretary of State for Energy & Climate Change

Second Defendant

Breckland District Council

Third Defendant

Norfolk Farm Produce Limited

Fourth Defendant

Procedural Posture

Judicial Review (s.288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector and Secretaries of State acted with procedural fairness by considering alternative sites without giving the claimant an opportunity to address the issue
  2. 2 Whether there was a failure to properly identify and apply the relevant Development Plan policies and s.38(6) of the Planning and Compulsory Purchase Act 2004

Ratio Decidendi

The Inspector and Secretaries of State took into account the possibility of alternative sites as a factor against granting planning permission without giving Dudgeon Offshore Wind Limited a fair opportunity to address that issue, amounting to procedural unfairness. This procedural defect infected the decision, which must be quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of the Secretaries of State dated 20 September 2011 is quashed.