Powys County Council v The Welsh Ministers & Anor

Welsh Ministers were correct in law to exclude EN-1 provisions as irrelevant to the determination of planning permission for sub-50MW wind farm; relevant policy was PPW and Circular 60/96; no procedural unfairness or material prejudice; reasons given were adequate and rational.

Parties: Claimant: Powys County Council; First Defendant: Welsh Ministers; Second Defendant: RES UK & Ireland Limited
Jurisdiction: England and Wales
Judgment Date: 16 November 2015
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Town and Country Planning, Material Considerations, Procedural Fairness, Heritage Protection, Decommissioning Arrangements

Administrative Law Planning Law Town and Country Planning Material Considerations Procedural Fairness Heritage Protection Decommissioning Arrangements

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Parties

Powys County Council

Claimant

Welsh Ministers

First Defendant

RES UK & Ireland Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether Welsh Ministers erred in excluding EN-1 policy as a material consideration
2 Procedural fairness regarding exclusion of EN-1
3 Adequacy of reasons and application of Planning Policy Wales (PPW)

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Application under section 288 of the Town and Country Planning Act 1990 dismissed
No consequential orders pending written applications within two weeks