Butler, R (On the Application Of) v East Dorset District Council (007) Ltd

Butler, R (On the Application Of) v East Dorset District Council (007) Ltd

The planning permission was quashed because the Council misinterpreted Policy HE1 by failing to treat any harm to heritage assets as a breach, failed to properly consider the heritage criterion in Policy ME5, and did not comply with section 38(6) by failing to decide whether the development accorded with the development plan. These errors significantly misled the committee and undermined the statutory priority of the development plan.

Parties
Claimant: Katharine Butler; Defendant: East Dorset District Council; Interested Party: Good Energy Mapperton Farm Solar Park (007) Ltd
Jurisdiction
England and Wales
Judgment Date
28 June 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Planning permission quashed.
Legal Topics
Interpretation of Development Plan Policies, Heritage Asset Protection, Renewable Energy Planning, Environmental Impact Assessment, Judicial Review Procedure
Planning Law Administrative Law Environmental Law Interpretation of Development Plan Policies Heritage Asset Protection Renewable Energy Planning Environmental Impact Assessment Judicial Review Procedure

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 6 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Katharine Butler

Claimant

East Dorset District Council

Defendant

Good Energy Mapperton Farm Solar Park (007) Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Proper interpretation of Policy HE1 of the Core Strategy
  2. 2 Compliance with heritage criterion of Policy ME5
  3. 3 Application of section 38(6) of the Planning and Compulsory Purchase Act 2004

Ratio Decidendi

The planning permission was quashed because the Council misinterpreted Policy HE1 by failing to treat any harm to heritage assets as a breach, failed to properly consider the heritage criterion in Policy ME5, and did not comply with section 38(6) by failing to decide whether the development accorded with the development plan. These errors significantly misled the committee and undermined the statutory priority of the development plan.

Court Disposition

Planning permission quashed.

Orders

  • Planning permission granted by East Dorset District Council for Mapperton Farm Solar Park is quashed on grounds 1, 2, and 3.
  • Parties invited to draw up the appropriate order to be agreed if possible.