ADT Auctions Ltd v Secretary Of State For Environment, Transport & Regions & Anor [2000] EWHC Admin 305 (16 March 2000)

ADT Auctions Ltd v Secretary Of State For Environment, Transport & Regions & Anor [2000] EWHC Admin 305 (16 March 2000)

The Secretary of State lawfully dismissed the claimant's planning appeal after properly reopening the inquiry to consider the environmental assessment, lawfully allowing the second Inspector to reassess environmental issues, and applying the correct legal test under Regulation 48(5) of the Conservation (Natural Habitats) Regulations 1994. There was no legitimate expectation restricting the scope of the reopened inquiry, no procedural unfairness, and the Secretary of State gave adequate reasons for his decision, including for departing from previous planning decisions and for preferring the second Inspector's conclusions.

Citation
[2000] EWHC Admin 305
Parties
Claimant: Claimant (not named in extract); First Defendant: Secretary of State for the Environment, Transport and the Regions; Second Defendant: Hart District Council
Jurisdiction
England and Wales
Judgment Date
16 March 2000
Procedural Posture
Statutory Appeal Under Section 288(1)(a) Town and Country Planning Act 1990 / High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Appeals, Environmental Impact Assessment, Planning Permission, Legitimate Expectation, Procedural Fairness, Conservation (natural Habitats) Regulations, Town and Country Planning (assessment of Environmental Effects) Regulations, Consistency in Planning Decisions
Administrative Law Planning Law Environmental Law Public Law Statutory Appeals Environmental Impact Assessment Planning Permission Legitimate Expectation +4 more

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Parties

Claimant (not named in extract)

Claimant

Secretary of State for the Environment, Transport and the Regions

First Defendant

Hart District Council

Second Defendant

Procedural Posture

Statutory Appeal Under Section 288(1)(a) Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Secretary of State lawfully dismissed the claimant's planning appeal after a reopened inquiry and environmental assessment
  2. 2 Whether the conduct and remit of the reopened inquiry were procedurally fair and lawful
  3. 3 Whether the Secretary of State failed to give adequate reasons for departing from previous planning decisions and for preferring the second Inspector's conclusions over the first Inspector's

Ratio Decidendi

The Secretary of State lawfully dismissed the claimant's planning appeal after properly reopening the inquiry to consider the environmental assessment, lawfully allowing the second Inspector to reassess environmental issues, and applying the correct legal test under Regulation 48(5) of the Conservation (Natural Habitats) Regulations 1994. There was no legitimate expectation restricting the scope of the reopened inquiry, no procedural unfairness, and the Secretary of State gave adequate reasons for his decision, including for departing from previous planning decisions and for preferring the second Inspector's conclusions.

Court Disposition

Appeal dismissed