Lark Energy Ltd v Secretary of State for Communities And Local Government & Anor

Lark Energy Ltd v Secretary of State for Communities And Local Government & Anor

The Secretary of State failed to provide clear reasons reconciling the tension between Policy DM03 and Policy DM27 of the development plan, leaving genuine doubt that the decision was made in accordance with section 38(6), which is a fatal flaw warranting quashing the decision.

Parties
Claimant: Lark Energy Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Waveney District Council
Jurisdiction
England and Wales
Judgment Date
20 June 2014
Procedural Posture
Judicial Review (section 288 Application) / Final Judgment
Outcome
Application succeeds on ground 2; decision quashed and appeal remitted for redetermination.
Legal Topics
Renewable Energy Planning Permission, Development Plan Compliance, National Planning Policy Framework, Local Community Objections, Landscape Protection
Administrative Law Planning Law Environmental Law Renewable Energy Planning Permission Development Plan Compliance National Planning Policy Framework Local Community Objections Landscape Protection

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Parties

Lark Energy Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Waveney District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in law by failing to consider the proposal on its own merits and giving undue weight to the fallback position
  2. 2 Whether the Secretary of State fulfilled his duty under section 38(6) of the Planning and Compulsory Purchase Act 2004 to decide in accordance with the development plan
  3. 3 Whether the Secretary of State properly applied government policy in the National Planning Policy Framework, especially paragraph 14

Ratio Decidendi

The Secretary of State failed to provide clear reasons reconciling the tension between Policy DM03 and Policy DM27 of the development plan, leaving genuine doubt that the decision was made in accordance with section 38(6), which is a fatal flaw warranting quashing the decision.

Court Disposition

Application succeeds on ground 2; decision quashed and appeal remitted for redetermination.

Orders

  • Secretary of State's decision quashed
  • Appeal remitted to Secretary of State for redetermination