Save Our Greenhills Community Group v Secretary of State for Communities And Local Government & Ors [2016] EWHC 1929 (Admin) (29 July 2016)

Save Our Greenhills Community Group v Secretary of State for Communities And Local Government & Ors [2016] EWHC 1929 (Admin) (29 July 2016)

There was no procedural unfairness or breach of legitimate expectation because the amended plans and increased panel numbers were publicly available before the planning committee decision and throughout the appeal, giving the claimant opportunity to participate and make representations. The Inspector was entitled to judge that no further enquiry or evidence was required on the environmental effects of the revised scheme. Reliance on a section 106 obligation for SUDS drainage was lawful. The Inspector's assessment of heritage impacts complied with statutory and policy requirements. None of the grounds for challenge succeeded.

Citation
[2016] EWHC 1929 (Admin)
Parties
Claimant: SAVE OUR GREENHILLS COMMUNITY GROUP; First Defendant: SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT; Second Defendant: SHROPSHIRE COUNCIL; Third Defendant: TGC RENEWABLES LTD AND ROBERT WALL
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Statutory Challenge Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Procedural Fairness in Planning Appeals, Legitimate Expectation, Environmental Impact Assessment, Heritage Asset Setting, Judicial Review Standards, Planning Conditions and Obligations
Planning Law Administrative Law Heritage Law Procedural Fairness in Planning Appeals Legitimate Expectation Environmental Impact Assessment Heritage Asset Setting Judicial Review Standards +1 more

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Parties

SAVE OUR GREENHILLS COMMUNITY GROUP

Claimant

SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT

First Defendant

SHROPSHIRE COUNCIL

Second Defendant

TGC RENEWABLES LTD AND ROBERT WALL

Third Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether failure to publicise and consult on amended plans increasing solar panel numbers was procedurally unfair or breached legitimate expectation
  2. 2 Whether the Inspector failed to make sufficient enquiry into the environmental effects of the revised scheme
  3. 3 Whether reliance on a section 106 obligation for SUDS drainage, rather than a planning condition, was lawful

Ratio Decidendi

There was no procedural unfairness or breach of legitimate expectation because the amended plans and increased panel numbers were publicly available before the planning committee decision and throughout the appeal, giving the claimant opportunity to participate and make representations. The Inspector was entitled to judge that no further enquiry or evidence was required on the environmental effects of the revised scheme. Reliance on a section 106 obligation for SUDS drainage was lawful. The Inspector's assessment of heritage impacts complied with statutory and policy requirements. None of the grounds for challenge succeeded.

Court Disposition

Claim dismissed