Cornwall Waste Forum St Dennis Branch v Secretary of State for Communities and Local Government [2012] EWCA Civ 379 (29 March 2012)

Cornwall Waste Forum St Dennis Branch v Secretary of State for Communities and Local Government [2012] EWCA Civ 379 (29 March 2012)

The Secretary of State was entitled to rely on the Environment Agency's assessment and expertise regarding the impact on Special Areas of Conservation, including the use of the '1% rule', and was not required to duplicate the Agency's assessment under the Habitats Regulations. No enforceable legitimate expectation arose requiring the Secretary of State to make a separate assessment, and any challenge to the Agency's methodology should have been raised directly. The appeal was allowed and the Secretary of State's decision upheld.

Citation
[2012] EWCA Civ 379
Parties
Respondent: Cornwall Waste Forum St Dennis Branch; 1st Appellant: Secretary of State for Communities and Local Government; 2nd Appellant: SITA Cornwall Limited
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Appeal (administrative Law, Planning) / Court of Appeal Judgment on Appeal From Queen's Bench Division, Administrative Court
Outcome
Appeal allowed; Secretary of State's decision confirmed.
Legal Topics
Legitimate Expectation, Habitats Directive, Appropriate Assessment, Allocation of Competent Authority, Judicial Review, Planning Permission, Environmental Permitting
Administrative Law Environmental Law Planning Law European Union Law Legitimate Expectation Habitats Directive Appropriate Assessment Allocation of Competent Authority +3 more

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Parties

Cornwall Waste Forum St Dennis Branch

Respondent

Secretary of State for Communities and Local Government

1st Appellant

SITA Cornwall Limited

2nd Appellant

Procedural Posture

Appeal (administrative Law, Planning) / Court of Appeal Judgment on Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the Secretary of State was required to make an appropriate assessment under the Habitats Regulations or could rely on the Environment Agency's assessment
  2. 2 Whether a legitimate expectation was created that the Secretary of State would address the need for an appropriate assessment
  3. 3 Whether the Secretary of State's reliance on the Environment Agency's '1% rule' was lawful

Ratio Decidendi

The Secretary of State was entitled to rely on the Environment Agency's assessment and expertise regarding the impact on Special Areas of Conservation, including the use of the '1% rule', and was not required to duplicate the Agency's assessment under the Habitats Regulations. No enforceable legitimate expectation arose requiring the Secretary of State to make a separate assessment, and any challenge to the Agency's methodology should have been raised directly. The appeal was allowed and the Secretary of State's decision upheld.

Court Disposition

Appeal allowed; Secretary of State's decision confirmed.

Orders

  • The appeal is allowed.
  • The Secretary of State's grant of planning permission is confirmed.