Corbett, R (On the Application Of) v Cornwall Council [2013] EWHC 3958 (Admin) (12 December 2013)

Corbett, R (On the Application Of) v Cornwall Council [2013] EWHC 3958 (Admin) (12 December 2013)

There was no material change in national planning policy between the committee's resolution and the grant of planning permission; the Council properly considered the development plan and material considerations; summary reasons and relevant policies were adequately stated; all relevant documents were disclosed; and the Council complied with the Habitats Directive regarding bats.

Citation
[2013] EWHC 3958 (Admin)
Parties
Claimant: Mr William Corbett; Defendant: Cornwall Council; Interested Party: REG Windpower Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review, Planning Permission, Renewable Energy, Material Considerations, Development Plan, National Planning Policy Framework, Disclosure, Habitats Directive
Administrative Law Planning Law Environmental Law Judicial Review Planning Permission Renewable Energy Material Considerations Development Plan +3 more

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Parties

Mr William Corbett

Claimant

Cornwall Council

Defendant

REG Windpower Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Cornwall Council failed to have regard to material considerations by not reconvening its committee after the National Planning Policy Framework was published
  2. 2 Whether Cornwall Council failed to provide adequate summary reasons and policy references for granting planning permission
  3. 3 Whether Cornwall Council failed to properly consider and apply relevant development plan policies

Ratio Decidendi

There was no material change in national planning policy between the committee's resolution and the grant of planning permission; the Council properly considered the development plan and material considerations; summary reasons and relevant policies were adequately stated; all relevant documents were disclosed; and the Council complied with the Habitats Directive regarding bats.

Court Disposition

Claim dismissed