Resource Recovery Solutions (Derbyshire) Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWHC 1726 (Admin) (05 July 2011)

Resource Recovery Solutions (Derbyshire) Ltd v Secretary of State for Communities and Local Government & Anor [2011] EWHC 1726 (Admin) (05 July 2011)

The Inspector failed to consider and apply the Regional Spatial Strategy, a key component of the development plan, and failed to determine or give adequate reasons as to whether the proposal accorded with the development plan as a whole, thereby breaching the statutory duty under section 38(6) of the Planning and Compulsory Purchase Act 2004. This constituted an error of law and substantial procedural unfairness, making it impossible to say the same decision would necessarily have been reached.

Citation
[2011] EWHC 1726 (Admin)
Parties
Claimant: Resource Recovery Solutions (Derbyshire) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Derby City Council
Jurisdiction
England and Wales
Judgment Date
05 July 2011
Procedural Posture
Section 288 Appeal Under the Town and Country Planning Act 1990 / High Court Judgment on Appeal to Quash Planning Decision
Outcome
Appeal allowed; decision quashed
Legal Topics
Statutory Interpretation, Development Plans, Waste Management Policy, Duty to Give Reasons, Judicial Review of Planning Decisions
Administrative Law Planning Law Environmental Law Statutory Interpretation Development Plans Waste Management Policy Duty to Give Reasons Judicial Review of Planning Decisions

Case Brief

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Parties

Resource Recovery Solutions (Derbyshire) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Derby City Council

Second Defendant

Procedural Posture

Section 288 Appeal Under the Town and Country Planning Act 1990 / High Court Judgment on Appeal to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector failed to consider the Regional Spatial Strategy (RS) as part of the development plan under section 38(6) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the Inspector failed to determine and give adequate reasons as to whether the proposal accorded with the development plan as a whole

Ratio Decidendi

The Inspector failed to consider and apply the Regional Spatial Strategy, a key component of the development plan, and failed to determine or give adequate reasons as to whether the proposal accorded with the development plan as a whole, thereby breaching the statutory duty under section 38(6) of the Planning and Compulsory Purchase Act 2004. This constituted an error of law and substantial procedural unfairness, making it impossible to say the same decision would necessarily have been reached.

Court Disposition

Appeal allowed; decision quashed

Orders

  • The decision of the First Defendant's Inspector dated 16 November 2010 is quashed.