Harrison v Secretary of State for Communities and Local Government & Anor

Harrison v Secretary of State for Communities and Local Government & Anor

The Inspector was entitled to reach his own judgment on the suitability of the site for the proposed use, considering all material planning considerations including amenity impact and proximity to residential properties, and was not required to defer to the pollution control regime or expert consensus where uncertainties remained.

Parties
Appellant: Ian Frank Harrison; First Respondent: The Secretary of State for Communities and Local Government; Second Respondent: Cheshire West and Chester Council
Jurisdiction
England and Wales
Judgment Date
16 December 2009
Procedural Posture
Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice, Planning Permission, Integrated Pollution Prevention Control, Amenity Impact, Odour Control
Planning Law Environmental Law Enforcement Notice Planning Permission Integrated Pollution Prevention Control Amenity Impact Odour Control

Case Brief

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Parties

Ian Frank Harrison

Appellant

The Secretary of State for Communities and Local Government

First Respondent

Cheshire West and Chester Council

Second Respondent

Procedural Posture

Appeal Under Section 289 of the Town and Country Planning Act 1990 / Judgment

Legal Issues

  1. 1 Whether the Inspector erred in his approach to the relationship between the planning regime and the IPPC regime
  2. 2 Whether the Inspector failed to follow or give notice of intention to depart from the consensus of experts

Ratio Decidendi

The Inspector was entitled to reach his own judgment on the suitability of the site for the proposed use, considering all material planning considerations including amenity impact and proximity to residential properties, and was not required to defer to the pollution control regime or expert consensus where uncertainties remained.

Court Disposition

Appeal dismissed

Orders

  • Parties to agree the form of the order and costs consequences
  • If parties cannot agree, they must attend court and file relevant documents at least 48 hours before the hearing