Plant, R (On the Application Of) v Pembrokeshire County Council & Anor

Plant, R (On the Application Of) v Pembrokeshire County Council & Anor

The planning authority was entitled to balance competing policies within the local development plan and conclude that the renewable energy benefits outweighed the moderate adverse impact on the historic environment and landscape. The EIA screening opinion was not unlawful or inadequate; it properly considered the relevant factors and was not internally inconsistent.

Parties
Claimant: John Plant; Defendant: Pembrokeshire County Council; Interested Party: Princes Gate Spring Water
Jurisdiction
England and Wales
Judgment Date
04 March 2014
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Local Development Plan Interpretation, Environmental Impact Assessment, Renewable Energy Planning Permission, Historic Environment Protection
Planning Law Administrative Law Environmental Law Local Development Plan Interpretation Environmental Impact Assessment Renewable Energy Planning Permission Historic Environment Protection

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Parties

John Plant

Claimant

Pembrokeshire County Council

Defendant

Princes Gate Spring Water

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the planning authority misunderstood and misapplied the relevant local development plan in granting planning permission for wind turbines.
  2. 2 Whether the Environmental Impact Assessment (EIA) screening opinion was inadequate and unlawful.

Ratio Decidendi

The planning authority was entitled to balance competing policies within the local development plan and conclude that the renewable energy benefits outweighed the moderate adverse impact on the historic environment and landscape. The EIA screening opinion was not unlawful or inadequate; it properly considered the relevant factors and was not internally inconsistent.

Court Disposition

Claim dismissed

Orders

  • Substantive application for judicial review refused
  • Judgment entered for the Council