Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor

Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor

The Council failed to properly apply and evidence application of the relevant planning policies for development in an AONB, failed to give adequate reasons for its decision, and failed to adopt a required EIA screening opinion. These errors were material and required the grant of planning permission to be quashed.

Parties
Claimant: Mevagissey Parish Council; Defendant: Cornwall Council; Interested Party: Mevagissey Bay View LLP
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; planning permission quashed and remitted for redetermination
Legal Topics
Planning Permission, Area of Outstanding Natural Beauty (aonb), Affordable Housing, Environmental Impact Assessment (eia), Judicial Review, Local Government, National Planning Policy Framework (nppf)
Administrative Law Planning Law Environmental Law Planning Permission Area of Outstanding Natural Beauty (aonb) Affordable Housing Environmental Impact Assessment (eia) Judicial Review +2 more

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Parties

Mevagissey Parish Council

Claimant

Cornwall Council

Defendant

Mevagissey Bay View LLP

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council misapplied or misunderstood relevant planning policies regarding development in an AONB
  2. 2 Whether the Council failed to give adequate reasons for granting planning permission
  3. 3 Whether the Council failed to adopt a required EIA screening opinion

Ratio Decidendi

The Council failed to properly apply and evidence application of the relevant planning policies for development in an AONB, failed to give adequate reasons for its decision, and failed to adopt a required EIA screening opinion. These errors were material and required the grant of planning permission to be quashed.

Court Disposition

Claim allowed; planning permission quashed and remitted for redetermination

Orders

  • The grant of planning permission to the Interested Party Developer for the Site on 21 March 2013 is quashed.
  • The application is remitted to Cornwall Council for redetermination.