McLennan, R (on the application of) v Medway Council & Anor

McLennan, R (on the application of) v Medway Council & Anor

The planning authority's categorical rejection of interference with solar panels as a material planning consideration was irrational, given the statutory and policy context supporting renewable energy and climate change mitigation. The authority failed to consider relevant public interest factors, and its decision was unlawful.

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, Local Development Plans
Planning Law Administrative Law Environmental Law Material Planning Considerations Renewable Energy Climate Change Mitigation Amenity Protection Judicial Review +1 more

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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 the statutory and policy context supporting renewable energy and climate change mitigation. The authority failed to consider relevant public interest factors, and its decision was unlawful.

Court Disposition

decision quashed

Orders

  • The grant of planning permission of 6 December 2018 by the first defendant to the second defendant is quashed.