Ellaway v Cardiff County Council

Ellaway v Cardiff County Council

The Defendant lawfully discharged the pre-commencement conditions after commencement of development by applying a recognised exception to the Whitley principle, as the works were in strict conformity with details submitted prior to commencement, all applications for discharge were made before works began, and it was not expedient to take enforcement action. The process, including two rounds of public consultation, satisfied the requirements of both domestic and EU law for EIA development. There was no unlawful advantage to Viridor, and section 73A was not the exclusive lawful route for regularisation. The claim was dismissed on all grounds.

Parties
Claimant: Pauline Ellaway; Defendant: Cardiff County Council; Interested Party: Viridor Waste Management Ltd; Interested Party: PGM Estates Ltd; Interested Party: The Welsh Ministers; Interested Party: Environment Agency for Wales; Interested Party: Countryside Council for Wales
Jurisdiction
England and Wales
Judgment Date
27 March 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment (eia), Retrospective Planning Permission, Public Participation, Enforcement Action, Planning Conditions
Planning Law Environmental Law Administrative Law Environmental Impact Assessment (eia) Retrospective Planning Permission Public Participation Enforcement Action Planning Conditions

Case Brief

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Parties

Pauline Ellaway

Claimant

Cardiff County Council

Defendant

Viridor Waste Management Ltd

Interested Party

PGM Estates Ltd

Interested Party

The Welsh Ministers

Interested Party

Environment Agency for Wales

Interested Party

Countryside Council for Wales

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the discharge of pre-commencement conditions after commencement of development was lawful under domestic and EU law
  2. 2 Whether the process undertaken by the Defendant complied with the requirements of the EIA Directive and the 1999 Regulations
  3. 3 Whether the exceptions to the Whitley principle applied in the context of EIA development

Ratio Decidendi

The Defendant lawfully discharged the pre-commencement conditions after commencement of development by applying a recognised exception to the Whitley principle, as the works were in strict conformity with details submitted prior to commencement, all applications for discharge were made before works began, and it was not expedient to take enforcement action. The process, including two rounds of public consultation, satisfied the requirements of both domestic and EU law for EIA development. There was no unlawful advantage to Viridor, and section 73A was not the exclusive lawful route for regularisation. The claim was dismissed on all grounds.

Court Disposition

Claim dismissed