Swindon Borough Council v First Secretary of State & Anor

Swindon Borough Council v First Secretary of State & Anor

The inspector failed to consider or give reasons regarding BS4142, a material consideration in the noise assessment, resulting in a deficiency of reasons and substantial prejudice to the council. The decision was sufficiently flawed on the issue of noise that it must be quashed.

Parties
Claimant: Swindon Borough Council; First Defendant: First Secretary of State; Second Defendant: Hanson Quarry Products Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2003
Procedural Posture
Judicial Review / Final Judgment and Costs Order
Outcome
Decision quashed and remitted to the Secretary of State for reconsideration.
Legal Topics
Town and Country Planning Act 1990, Planning Permission, Noise Assessment, Conservation Area, Local Plan Policy, Temporary Planning Permission, Costs
Administrative Law Planning Law Town and Country Planning Act 1990 Planning Permission Noise Assessment Conservation Area Local Plan Policy Temporary Planning Permission +1 more

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Parties

Swindon Borough Council

Claimant

First Secretary of State

First Defendant

Hanson Quarry Products Limited

Second Defendant

Procedural Posture

Judicial Review / Final Judgment and Costs Order

Legal Issues

  1. 1 Whether the inspector failed to consider or give reasons regarding BS4142 in assessing noise impact
  2. 2 Whether the inspector's findings on conservation area and listed buildings were irrational or failed to consider relevant evidence
  3. 3 Whether the grant of temporary planning permission conflicted with adopted/emerging local plan policies

Ratio Decidendi

The inspector failed to consider or give reasons regarding BS4142, a material consideration in the noise assessment, resulting in a deficiency of reasons and substantial prejudice to the council. The decision was sufficiently flawed on the issue of noise that it must be quashed.

Court Disposition

Decision quashed and remitted to the Secretary of State for reconsideration.

Orders

  • Order for payment of 60% of the council's costs by the Secretary of State.
  • Permission to appeal refused by the court.