Cornwall Waste Forum, St Dennis Branch, R (on the application of) v Cornwall Council

Cornwall Waste Forum, St Dennis Branch, R (on the application of) v Cornwall Council

The inspector and Secretary of State failed to meet the legitimate expectation that the need for an appropriate assessment under the Habitats Regulations would be considered, and wrongly deferred to the Environment Agency without addressing evidence challenging its conclusion. This constituted an error of law and breach of the Regulations, requiring the quashing of the planning permission.

Parties
Claimant: Cornwall Waste Forum, St Dennis Branch; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: SITA Cornwall Ltd; Third Defendant: Environment Agency; Fourth Defendant: Cornwall Council
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Judicial Review / Judgment
Outcome
decision to grant planning permission quashed
Legal Topics
Legitimate Expectation, Appropriate Assessment, Competent Authority, Habitats Directive, Planning Permission, Judicial Review, Proportionality
Environmental Law Administrative Law Planning Law Legitimate Expectation Appropriate Assessment Competent Authority Habitats Directive Planning Permission +2 more

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Parties

Cornwall Waste Forum, St Dennis Branch

Claimant

Secretary of State for Communities and Local Government

First Defendant

SITA Cornwall Ltd

Second Defendant

Environment Agency

Third Defendant

Cornwall Council

Fourth Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Secretary of State failed to meet a legitimate expectation to consider the need for an appropriate assessment under the Habitats Regulations before granting planning permission
  2. 2 Whether the planning inspector wrongly deferred to the Environment Agency as competent authority under Regulation 65(2)
  3. 3 Whether the failure to conduct an appropriate assessment breached the Habitats Directive and Regulations

Ratio Decidendi

The inspector and Secretary of State failed to meet the legitimate expectation that the need for an appropriate assessment under the Habitats Regulations would be considered, and wrongly deferred to the Environment Agency without addressing evidence challenging its conclusion. This constituted an error of law and breach of the Regulations, requiring the quashing of the planning permission.

Court Disposition

decision to grant planning permission quashed

Orders

  • Planning permission granted by the Secretary of State to SITA Cornwall Ltd is quashed.
  • Costs to be assessed in detail if not agreed.