Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor [2013] EWHC 3684 (Admin) (27 November 2013)

Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor [2013] EWHC 3684 (Admin) (27 November 2013)

The Council's Planning Committee failed to properly apply the requirements of paragraphs 115-116 of the NPPF regarding major development in an AONB, did not provide legally adequate summary reasons for granting permission, and failed to adopt an EIA screening opinion. These failures constituted errors of law requiring the quashing of the planning permission.

Citation
[2013] EWHC 3684 (Admin)
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 / Final Judgment
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), Statutory Interpretation, Local Government Decision Making, Judicial Review Grounds, 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) Statutory Interpretation +3 more

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Parties

Mevagissey Parish Council

Claimant

Cornwall Council

Defendant

Mevagissey Bay View LLP

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council lawfully applied the relevant planning policies regarding development in an AONB under the NPPF
  2. 2 Whether the Council provided adequate summary reasons for granting planning permission
  3. 3 Whether the Council failed to adopt a required EIA screening opinion

Ratio Decidendi

The Council's Planning Committee failed to properly apply the requirements of paragraphs 115-116 of the NPPF regarding major development in an AONB, did not provide legally adequate summary reasons for granting permission, and failed to adopt an EIA screening opinion. These failures constituted errors of law requiring the quashing of the planning permission.

Court Disposition

Claim allowed; planning permission quashed and remitted for redetermination.

Orders

  • The grant of planning permission dated 21 March 2013 is quashed.
  • The matter is remitted to Cornwall Council for redetermination.