Community Against Dean & Anor, R (on the application of) v Shire Oak Quarries Ltd

The Council lawfully exercised its discretion not to take immediate enforcement action, having regard to the Habitats Directive, and reasonably awaited a retrospective planning application with an Environmental Statement; no breach of regulation 9(3) occurred.

Parties: Claimant: Community Against Dean Super Quarry Limited; Defendant: Cornwall Council; Interested Party: Shire Oak Quarries Limited
Jurisdiction: England and Wales
Judgment Date: 25 January 2017
Procedural Posture: Judicial Review / Permission Hearing
Outcome: Permission refused
Legal Topics: Planning Enforcement, Habitats Directive, Environmental Impact Assessment, Protection of Species, Local Authority Discretion

Environmental Law Planning Law Administrative Law Planning Enforcement Habitats Directive Environmental Impact Assessment Protection of Species Local Authority Discretion

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Parties

Community Against Dean Super Quarry Limited

Claimant

Cornwall Council

Defendant

Shire Oak Quarries Limited

Interested Party

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

1 Whether Cornwall Council acted unlawfully by failing to have proper regard to the Habitats Directive when deciding not to take enforcement action against unauthorised development (erection of fence)
2 Whether the Council breached its duty under regulation 9(3) of the Conservation of Habitats and Species Regulations 2010

Ratio Decidendi

Court Disposition

Permission refused