First Corporate Shipping Ltd (t/a Bristol Port Company) v North Somerset Council [2001] EWHC Admin 586 (26th January, 2001)

First Corporate Shipping Ltd (t/a Bristol Port Company) v North Somerset Council [2001] EWHC Admin 586 (26th January, 2001)

The Court held that Policy E.14 of the Avon County Structure Plan 1994 required the allocation of 210 hectares for development at Royal Portbury Dock, but this requirement was limited to land within the 'Limit of deviation' as defined by the Bristol Corporation (West Dock) Act 1971. The Council's interpretation was correct, there was no shortfall in allocation, and the Inspector's contrary recommendation was based on a misunderstanding. The Council's process in rejecting the Inspector's recommendation was lawful and procedurally fair. Accordingly, there was no basis to quash the relevant parts of the North Somerset Local Plan 1999.

Citation
[2001] EWHC Admin 586
Parties
Claimant: First Corporate Shipping Limited; Defendant: North Somerset Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review Under Section 287 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Local Plan Validity, Interpretation of Structure Plan Policy, Allocation of Development Land, Green Belt Policy, Statutory Compliance in Plan Adoption
Planning Law Administrative Law Local Government Law Local Plan Validity Interpretation of Structure Plan Policy Allocation of Development Land Green Belt Policy Statutory Compliance in Plan Adoption

Case Brief

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Parties

First Corporate Shipping Limited

Claimant

North Somerset Council

Defendant

Procedural Posture

Judicial Review Under Section 287 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the North Somerset Local Plan 1999 failed to allocate sufficient land for the expansion of Royal Portbury Dock as required by Policy E.14 of the Avon County Structure Plan 1994
  2. 2 Whether the Council's rejection of the Inspector's recommendation to allocate an additional 50 hectares was lawful and procedurally fair
  3. 3 Whether the Council's interpretation of Policy E.14 was correct in limiting the allocation to land within the 'Limit of deviation'

Ratio Decidendi

The Court held that Policy E.14 of the Avon County Structure Plan 1994 required the allocation of 210 hectares for development at Royal Portbury Dock, but this requirement was limited to land within the 'Limit of deviation' as defined by the Bristol Corporation (West Dock) Act 1971. The Council's interpretation was correct, there was no shortfall in allocation, and the Inspector's contrary recommendation was based on a misunderstanding. The Council's process in rejecting the Inspector's recommendation was lawful and procedurally fair. Accordingly, there was no basis to quash the relevant parts of the North Somerset Local Plan 1999.

Court Disposition

Claim dismissed

Orders

  • Application to quash parts of the North Somerset Local Plan 1999 refused
  • No order for further allocation of land for Royal Portbury Dock expansion