Campaign To Protect Rural England, Kent (CPRE), R (On the Application Of) v Dover District Council

Campaign To Protect Rural England, Kent (CPRE), R (On the Application Of) v Dover District Council

The Planning Committee failed to give legally adequate reasons for granting planning permission for major development in an Area of Outstanding Natural Beauty, as required by the NPPF and the EIA Regulations, particularly in relation to the extent of harm to the AONB and the viability of alternative schemes.

Parties
Appellant: CPRE Kent; Respondent: Dover District Council; Interested Party: China Gateway International Limited
Jurisdiction
England and Wales
Judgment Date
14 September 2016
Procedural Posture
Judicial Review / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Judicial Review, Planning Permission, Areas of Outstanding Natural Beauty (aonb), National Planning Policy Framework (nppf), Duty to Give Reasons, Environmental Impact Assessment (eia) Regulations
Planning Law Administrative Law Environmental Law Judicial Review Planning Permission Areas of Outstanding Natural Beauty (aonb) National Planning Policy Framework (nppf) Duty to Give Reasons +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

CPRE Kent

Appellant

Dover District Council

Respondent

China Gateway International Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the Planning Committee failed to properly apply paragraph 116 of the NPPF
  2. 2 Whether the Committee gave legally adequate reasons for granting planning permission for major development in an AONB

Ratio Decidendi

The Planning Committee failed to give legally adequate reasons for granting planning permission for major development in an Area of Outstanding Natural Beauty, as required by the NPPF and the EIA Regulations, particularly in relation to the extent of harm to the AONB and the viability of alternative schemes.

Court Disposition

Appeal allowed

Orders

  • The decision to grant planning permission is quashed.