Palmer, R (on the application of) v Davenport (t/a Foxley Estate) & Ors [2015] EWHC 2688 (Admin) (25 September 2015)

Palmer, R (on the application of) v Davenport (t/a Foxley Estate) & Ors [2015] EWHC 2688 (Admin) (25 September 2015)

The council's acceptance of the Environmental Statement and its approach to flood mitigation, drainage, and manure management were not irrational or unlawful. The non-publication of the council's drainage report caused no prejudice. The council considered all relevant impacts, including on the setting of the listed...

Source-derived case information.

Citation
[2015] EWHC 2688 (Admin)
Parties
Claimant: David Palmer; Defendant: Herefordshire Council; Interested Party: James Davenport (t/a Foxley Estate); Interested Party: DJ and IR Powell
Jurisdiction
England and Wales
Judgment Date
25 September 2015
Procedural Posture
Judicial Review / Rolled Up Hearing of Application for Judicial Review
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Planning Permission, Listed Buildings, Judicial Review, Flood Risk, Manure Management, Public Law, Procedural Fairness
Planning Law Administrative Law Environmental Law Environmental Impact Assessment Planning Permission Listed Buildings Judicial Review Flood Risk +3 more

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Parties

David Palmer

Claimant

Herefordshire Council

Defendant

James Davenport (t/a Foxley Estate)

Interested Party

DJ and IR Powell

Interested Party

Procedural Posture

Judicial Review / Rolled Up Hearing of Application for Judicial Review

Legal Issues

  1. 1 Whether the Environmental Statement was deficient regarding flood mitigation and drainage
  2. 2 Whether failure to publish the Council Drainage Report was unlawful and prejudicial
  3. 3 Whether the council failed to assess the environmental effects of manure spreading

Ratio Decidendi

The council's acceptance of the Environmental Statement and its approach to flood mitigation, drainage, and manure management were not irrational or unlawful. The non-publication of the council's drainage report caused no prejudice. The council considered all relevant impacts, including on the setting of the listed building, and discharged its statutory duties. No error of law or irrationality was established.

Court Disposition

Claim dismissed