Wye Valley Action Association Ltd, R (on the application of) v Herefordshire Council & Anor

Wye Valley Action Association Ltd, R (on the application of) v Herefordshire Council & Anor

The Council erred in law by excluding the development from Schedule 2 on the basis that the land was cultivated, failing to recognize that semi-natural areas may be cultivated. The site, given its environmental designations and context, qualifies as semi-natural, and the polytunnel project constitutes intensive agricultural purposes. The Council's screening opinion was unlawful, and the planning consent must be quashed for failure to undertake an environmental impact assessment.

Parties
Claimant: Wye Valley Action Association Limited; Defendant: Herefordshire Council; Interested Party: EC Drummond & Son
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; planning consent quashed.
Legal Topics
Environmental Impact Assessment, Planning Permission, Interpretation of Schedule 2 Development, Semi Natural Areas, Intensive Agricultural Purposes
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Planning Permission Interpretation of Schedule 2 Development Semi Natural Areas Intensive Agricultural Purposes

Case Brief

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Parties

Wye Valley Action Association Limited

Claimant

Herefordshire Council

Defendant

EC Drummond & Son

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's screening opinion that the development was not Schedule 2 development under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 was lawful
  2. 2 Whether the reasons provided for the screening opinion were adequate

Ratio Decidendi

The Council erred in law by excluding the development from Schedule 2 on the basis that the land was cultivated, failing to recognize that semi-natural areas may be cultivated. The site, given its environmental designations and context, qualifies as semi-natural, and the polytunnel project constitutes intensive agricultural purposes. The Council's screening opinion was unlawful, and the planning consent must be quashed for failure to undertake an environmental impact assessment.

Court Disposition

Claim allowed; planning consent quashed.

Orders

  • Planning consent quashed.
  • Claimant awarded costs on Grounds 3 and 4, subject to detailed assessment.