Trevett v Secretary of State for Transport, Local Government and the Regions & Ors [2002] EWHC 2696 (Admin) (25 November 2002)

Trevett v Secretary of State for Transport, Local Government and the Regions & Ors [2002] EWHC 2696 (Admin) (25 November 2002)

The Inspector lawfully treated public health fears as a material consideration, gave them appropriate weight, and was not required to refuse planning permission solely because of public concern. The claimant was not a person aggrieved for the two sites where she had no proximity or direct involvement. There was no error of law in the Inspector's approach or reasoning.

Citation
[2002] EWHC 2696 (Admin)
Parties
Claimant: Susan Trevett; First Defendant: The Secretary of State for Transport, Local Government and the Regions; Second Defendant: Medlock Communications Limited; Third Defendant: Spectrasite Transco Communications Limited; Fourth Defendant: BT Airwave; Fifth Defendant: Stroud District Council
Jurisdiction
England and Wales
Judgment Date
25 November 2002
Procedural Posture
Administrative Law Application Under Section 288 Town and Country Planning Act 1990 / Judgment on Application to Quash Inspector's Decision
Outcome
Application dismissed
Legal Topics
Standing (person Aggrieved), Material Considerations in Planning, Health Concerns and Planning Permission, Judicial Review Standards, Costs in Planning Appeals
Administrative Law Planning Law Public Law Standing (person Aggrieved) Material Considerations in Planning Health Concerns and Planning Permission Judicial Review Standards Costs in Planning Appeals

Case Brief

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Parties

Susan Trevett

Claimant

The Secretary of State for Transport, Local Government and the Regions

First Defendant

Medlock Communications Limited

Second Defendant

Spectrasite Transco Communications Limited

Third Defendant

BT Airwave

Fourth Defendant

Stroud District Council

Fifth Defendant

Procedural Posture

Administrative Law Application Under Section 288 Town and Country Planning Act 1990 / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the claimant is a 'person aggrieved' under section 288 for all or any of the three sites
  2. 2 Whether the Inspector failed to have regard to a material consideration (public health fears) in granting planning permission for telecommunications masts

Ratio Decidendi

The Inspector lawfully treated public health fears as a material consideration, gave them appropriate weight, and was not required to refuse planning permission solely because of public concern. The claimant was not a person aggrieved for the two sites where she had no proximity or direct involvement. There was no error of law in the Inspector's approach or reasoning.

Court Disposition

Application dismissed

Orders

  • Claimant's application to quash Inspector's decision refused
  • Claimant to pay Secretary of State's costs, subject to detailed assessment and legal aid provisions