Hereford Waste Watchers Ltd. v Hereford Council [2005] EWHC 191 (Admin) (18 February 2005)

Hereford Waste Watchers Ltd. v Hereford Council [2005] EWHC 191 (Admin) (18 February 2005)

The planning authority failed to make a concluded finding that there would be no significant environmental effects from the proposed development and unlawfully left the provision of key environmental information to be supplied by condition after permission was granted, thereby denying consultees the opportunity to comment on all material information. This procedural defect required the planning permission to be quashed.

Citation
[2005] EWHC 191 (Admin)
Parties
Claimant: Hereford Waste Watchers Limited; Defendant: Hereford Council
Jurisdiction
England and Wales
Judgment Date
18 February 2005
Procedural Posture
Judicial Review / High Court Judgment With Leave to Appeal Granted
Outcome
Application for judicial review allowed; planning permission quashed; leave to appeal granted to defendant.
Legal Topics
Environmental Impact Assessment, Planning Permission, Judicial Review, Best Practicable Environmental Option (bpeo), Public Consultation, Mitigating Measures
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Planning Permission Judicial Review Best Practicable Environmental Option (bpeo) Public Consultation +1 more

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Parties

Hereford Waste Watchers Limited

Claimant

Hereford Council

Defendant

Procedural Posture

Judicial Review / High Court Judgment With Leave to Appeal Granted

Legal Issues

  1. 1 Whether the planning authority lawfully granted planning permission subject to conditions without sufficient environmental information being available at the time of decision.
  2. 2 Whether the authority failed to properly consider alternative sites in accordance with the best practicable environmental option (BPEO) principle.

Ratio Decidendi

The planning authority failed to make a concluded finding that there would be no significant environmental effects from the proposed development and unlawfully left the provision of key environmental information to be supplied by condition after permission was granted, thereby denying consultees the opportunity to comment on all material information. This procedural defect required the planning permission to be quashed.

Court Disposition

Application for judicial review allowed; planning permission quashed; leave to appeal granted to defendant.

Orders

  • The grant of planning permission is quashed.
  • Leave to appeal to the Court of Appeal is granted to the defendant.