Trafford Borough Council v (Secretary of State for Communities And Local Government & Anor

Trafford Borough Council v (Secretary of State for Communities And Local Government & Anor

The Secretary of State and Inspector correctly identified and applied the relevant development plan and national policies, considered the evidence on waste wood supply and CHP provision, and made a lawful planning judgment that the proposal broadly complied with the development plan and waste hierarchy. The absence of firm CHP proposals did not amount to a material conflict with Policy 8. Adequate reasons were given for the decision. The claim fails on both grounds.

Parties
Claimant: Trafford Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Peel Energy (Barton) Limited
Jurisdiction
England and Wales
Judgment Date
24 February 2014
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Waste Hierarchy, Sustainable Development, Combined Heat and Power (chp), Development Plan Compliance, Renewable Energy, Planning Permission, Material Considerations
Administrative Law Planning Law Environmental Law Waste Hierarchy Sustainable Development Combined Heat and Power (chp) Development Plan Compliance Renewable Energy +2 more

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Parties

Trafford Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Peel Energy (Barton) Limited

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's decision to grant planning permission was lawful under the Town and Country Planning Act 1990
  2. 2 Whether the proposal complied with the waste hierarchy and relevant development plan policies
  3. 3 Whether the absence of Combined Heat and Power (CHP) provision breached Policy 8 of the Greater Manchester Joint Waste Development Plan Document

Ratio Decidendi

The Secretary of State and Inspector correctly identified and applied the relevant development plan and national policies, considered the evidence on waste wood supply and CHP provision, and made a lawful planning judgment that the proposal broadly complied with the development plan and waste hierarchy. The absence of firm CHP proposals did not amount to a material conflict with Policy 8. Adequate reasons were given for the decision. The claim fails on both grounds.

Court Disposition

Claim dismissed