Ornua Ingredients Ltd, R (On the Application Of) v Herefordshire Council

Ornua Ingredients Ltd, R (On the Application Of) v Herefordshire Council

The council committed an error of law by failing to consider the claimant's representations and acoustic report, which constituted a material consideration relevant to the reserved matters approval. The decision must be quashed and remitted for redetermination.

Parties
Claimant: Ornua Ingredients Ltd; Defendant: Herefordshire Council; Interested Party: Barratt Homes
Jurisdiction
England and Wales
Judgment Date
22 August 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed and remitted for redetermination
Legal Topics
Material Considerations, Delegated Authority, Noise Mitigation, Reserved Matters Approval
Administrative Law Planning Law Material Considerations Delegated Authority Noise Mitigation Reserved Matters Approval

Case Brief

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Parties

Ornua Ingredients Ltd

Claimant

Herefordshire Council

Defendant

Barratt Homes

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the council failed to consider a material consideration before approving reserved matters
  2. 2 Whether noise mitigation representations were material at the reserved matters stage

Ratio Decidendi

The council committed an error of law by failing to consider the claimant's representations and acoustic report, which constituted a material consideration relevant to the reserved matters approval. The decision must be quashed and remitted for redetermination.

Court Disposition

Decision quashed and remitted for redetermination

Orders

  • The reserved matters approval is quashed.
  • The matter is remitted to the authority for reconsideration.