PPG11 Ltd, R (on the application of) v Dorset County Council & Anor
Dorset County Council lawfully considered environmental information and mitigation measures, had sufficient material to conclude no likely significant adverse effects, and properly had regard to the Habitat Directive; the claim fails.
- Parties
- Claimant: PPG11 Limited; Defendant: Dorset County Council; Interested Party: Viridor Waste Management Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 06 June 2003
- Procedural Posture
- Judicial Review / Final Judgment and Costs Order
- Outcome
- Claim dismissed
- Legal Topics
- Environmental Impact Assessment, Planning Permission, European Protected Species, Habitat Directive, Mitigation Measures, Judicial Review, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
PPG11 Limited
Claimant
Dorset County Council
Defendant
Viridor Waste Management Limited
Interested Party
Procedural Posture
Judicial Review / Final Judgment and Costs Order
Legal Issues
- 1 Whether Dorset County Council unlawfully granted planning permission without proper consideration of environmental information and significant adverse effects
- 2 Whether Dorset failed to have regard to the statutory scheme for strict protection of European protected species
Ratio Decidendi
Dorset County Council lawfully considered environmental information and mitigation measures, had sufficient material to conclude no likely significant adverse effects, and properly had regard to the Habitat Directive; the claim fails.
Court Disposition
Claim dismissed
Orders
- Claim dismissed
- Costs awarded to Dorset County Council against claimant, summarily assessed at £22,000
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