McLennan, R (on the application of) v Medway Council & Anor [2019] EWHC 1738 (Admin) (10 July 2019)

McLennan, R (on the application of) v Medway Council & Anor [2019] EWHC 1738 (Admin) (10 July 2019)

The planning authority's categorical rejection of interference with solar panels as a material planning consideration was irrational, given statutory and policy recognition of climate change mitigation and renewable energy. The authority failed to properly consider the public interest in protecting the claimant's ability to generate electricity from solar panels, rendering the decision unlawful.

Citation
[2019] EWHC 1738 (Admin)
Parties
Claimant: William Ellis McLennan; First Defendant: Medway Council; Second Defendant: Ken Kennedy
Jurisdiction
England and Wales
Judgment Date
10 July 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision quashed
Legal Topics
Material Planning Considerations, Renewable Energy, Climate Change Mitigation, Amenity Protection, Judicial Review Standards
Planning Law Administrative Law Material Planning Considerations Renewable Energy Climate Change Mitigation Amenity Protection Judicial Review Standards

Case Brief

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Parties

William Ellis McLennan

Claimant

Medway Council

First Defendant

Ken Kennedy

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether interference with solar panels is a material planning consideration
  2. 2 Whether the planning authority's decision was irrational for failing to consider the impact on solar panels
  3. 3 Whether relief should be refused under section 31(2A) of the Senior Courts Act 1981

Ratio Decidendi

The planning authority's categorical rejection of interference with solar panels as a material planning consideration was irrational, given statutory and policy recognition of climate change mitigation and renewable energy. The authority failed to properly consider the public interest in protecting the claimant's ability to generate electricity from solar panels, rendering the decision unlawful.

Court Disposition

decision quashed

Orders

  • The grant of planning permission of 6 December 2018 by Medway Council to Ken Kennedy is quashed.