First Corporate Shipping Ltd (t/a Bristol Port Company) v North Somerset Council [2001] EWHC Admin 19 (26th January, 2001)

First Corporate Shipping Ltd (t/a Bristol Port Company) v North Somerset Council [2001] EWHC Admin 19 (26th January, 2001)

The Court held that North Somerset Council's interpretation of Policy E.14 of the Avon County Structure Plan 1994 was correct: the 210 hectares referred to land within the 'Limit of deviation' as defined by the West Dock Act 1971, and there was no shortfall in allocated land. The Council's rejection of the Inspector's recommendation was lawful, as it was based on a proper understanding of the policy and the statutory framework. There was no procedural unfairness or failure to comply with statutory requirements.

Citation
[2001] EWHC Admin 19
Parties
Claimant: First Corporate Shipping Limited (trading as The Bristol Port Company); Defendant: North Somerset Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review (section 287 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Validity of Local Plan, Interpretation of Structure Plan Policy, Allocation of Development Land, Green Belt Policy, Judicial Review of Planning Decisions
Administrative Law Planning Law Local Government Law Validity of Local Plan Interpretation of Structure Plan Policy Allocation of Development Land Green Belt Policy Judicial Review of Planning Decisions

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Parties

First Corporate Shipping Limited (trading as The Bristol Port Company)

Claimant

North Somerset Council

Defendant

Procedural Posture

Judicial Review (section 287 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether North Somerset Council's refusal to allocate an additional 50 hectares for development at Royal Portbury Dock in the North Somerset Local Plan 1999 was unlawful under Section 287 of the Town and Country Planning Act 1990
  2. 2 Whether the Council misinterpreted Policy E.14 of the Avon County Structure Plan 1994 regarding the area to be allocated for development
  3. 3 Whether the Council failed to comply with statutory requirements or acted unfairly in rejecting the Inspector's recommendation

Ratio Decidendi

The Court held that North Somerset Council's interpretation of Policy E.14 of the Avon County Structure Plan 1994 was correct: the 210 hectares referred to land within the 'Limit of deviation' as defined by the West Dock Act 1971, and there was no shortfall in allocated land. The Council's rejection of the Inspector's recommendation was lawful, as it was based on a proper understanding of the policy and the statutory framework. There was no procedural unfairness or failure to comply with statutory requirements.

Court Disposition

Claim dismissed

Orders

  • Application to quash parts of the North Somerset Local Plan 1999 refused
  • No order for further modification of the Local Plan