Miller, R (on the application of) v North Yorkshire County Council

Miller, R (on the application of) v North Yorkshire County Council

The Planning Committee did not err in law in its application of Policy 3/4, its consideration of the setting of Thornborough Henges, its handling of bird management issues, or in the adequacy of the environmental statement. The Committee exercised its planning judgment properly, took into account all material...

Source-derived case information.

Parties
Claimant: Kimberley Miller; Defendant: North Yorkshire County Council; Interested Party: Tarmac Limited
Jurisdiction
England and Wales
Judgment Date
24 August 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Minerals Planning Policy, Environmental Impact Assessment, Local Authority Decision Making, Archaeological Heritage Protection, Birdstrike Risk Management
Planning Law Environmental Law Administrative Law Minerals Planning Policy Environmental Impact Assessment Local Authority Decision Making Archaeological Heritage Protection Birdstrike Risk Management

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Parties

Kimberley Miller

Claimant

North Yorkshire County Council

Defendant

Tarmac Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Planning Committee erred in its application of Policy 3/4 of the Minerals Local Plan regarding 'small-scale' extensions
  2. 2 Whether the Committee failed to properly consider the setting of Thornborough Henges
  3. 3 Whether the Committee failed to consider the Bird Management Strategy and related ecological advice

Ratio Decidendi

The Planning Committee did not err in law in its application of Policy 3/4, its consideration of the setting of Thornborough Henges, its handling of bird management issues, or in the adequacy of the environmental statement. The Committee exercised its planning judgment properly, took into account all material considerations, and any deficiencies in the environmental statement or committee report were not such as to render the decision unlawful.

Court Disposition

Application dismissed

Orders

  • Permission refused on Ground 4; permission granted but substantive application dismissed on Grounds 1, 2, and 3