The Llandaff North Residents' Association, R (On the Application Of) v Cardiff Council [2023] EWHC 1731 (Admin) (10 July 2023)

The Llandaff North Residents' Association, R (On the Application Of) v Cardiff Council [2023] EWHC 1731 (Admin) (10 July 2023)

The planning authority was entitled to treat the pumping station and the Plasdŵr development as separate projects for EIA purposes, given the lack of functional interdependence and the fact that the pumping station would serve multiple developments. The authority's approach to cumulative effects, level of detail in...

Source-derived case information.

Citation
[2023] EWHC 1731 (Admin)
Parties
Claimant: The Llandaff North Residents' Association; Defendant: Cardiff Council; Interested Party: Dŵr Cymru Cyf.; Interested Party: Redrow Homes (South Wales); Interested Party: St Fagans No 1 & 2 Trusts; Interested Party: St Fagans No 3 Trust
Jurisdiction
England and Wales
Judgment Date
10 July 2023
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Planning Permission, Judicial Review, Statutory Undertaker Duties, Screening Opinion, Discharge of Planning Conditions
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Planning Permission Judicial Review Statutory Undertaker Duties Screening Opinion +1 more

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Parties

The Llandaff North Residents' Association

Claimant

Cardiff Council

Defendant

Dŵr Cymru Cyf.

Interested Party

Redrow Homes (South Wales)

Interested Party

St Fagans No 1 & 2 Trusts

Interested Party

St Fagans No 3 Trust

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the planning authority erred in treating the pumping station and Plasdŵr development as separate projects for EIA purposes
  2. 2 Whether the authority failed to consider surface water removal as part of the project
  3. 3 Whether the officer's report was materially misleading regarding construction impacts and loss of recreational space

Ratio Decidendi

The planning authority was entitled to treat the pumping station and the Plasdŵr development as separate projects for EIA purposes, given the lack of functional interdependence and the fact that the pumping station would serve multiple developments. The authority's approach to cumulative effects, level of detail in officer reports, and discharge of condition 24 was rational and not materially misleading. No public law error or irrationality was established.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review refused
  • Parties to file draft order and submissions on consequential matters within 14 days if not agreed