Corbett, R (On the Application Of) v Cornwall Council

Corbett, R (On the Application Of) v Cornwall Council

There was no material change in national planning policy between the committee's resolution and the grant of permission; the Council complied with statutory duties regarding reasons, development plan consideration, disclosure, and environmental information; and the approach to bats was lawful. The claim for judicial review is dismissed.

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, Environmental Impact Assessment, Renewable Energy, Disclosure of Information
Administrative Law Planning Law Environmental Law Judicial Review Planning Permission Environmental Impact Assessment Renewable Energy Disclosure of Information

Case Brief

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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 the Council failed to have regard to material considerations by not reconsidering the application after national policy changes
  2. 2 Whether the Council failed to provide adequate summary reasons and policy references for granting permission
  3. 3 Whether the Council failed to have proper regard to the development plan

Ratio Decidendi

There was no material change in national planning policy between the committee's resolution and the grant of permission; the Council complied with statutory duties regarding reasons, development plan consideration, disclosure, and environmental information; and the approach to bats was lawful. The claim for judicial review is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.