Steetley Woburn Bentonite Ltd. v Secretary of State for the Office of the Deputy Prime Minister & Anor

Steetley Woburn Bentonite Ltd. v Secretary of State for the Office of the Deputy Prime Minister & Anor

The Inspector and Secretary of State lawfully concluded, after careful analysis, that the evidence did not demonstrate a clear and genuine need for extraction of Woburn Bentonite sufficient to outweigh harm to local landscape and ecology. The treatment of evidence, including commercial confidentiality and doubts raised by Dr Thompson, was rational and did not involve error of fact or consideration of irrelevant matters. The distinction between national and local need was properly addressed, and the balancing exercise was performed in accordance with planning law.

Parties
Claimant: Steetley Woburn Bentonite Limited; First Defendant: Secretary of State for the Office of the Deputy Prime Minister; Second Defendant: Bedfordshire County Council
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Quashing Decision, Planning Permission, Minerals Extraction, Need Assessment, Local and National Interest, Balancing Exercise, Costs Assessment
Planning Law Administrative Law Quashing Decision Planning Permission Minerals Extraction Need Assessment Local and National Interest Balancing Exercise +1 more

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Parties

Steetley Woburn Bentonite Limited

Claimant

Secretary of State for the Office of the Deputy Prime Minister

First Defendant

Bedfordshire County Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's decision to dismiss the planning appeal and not confirm highways orders was lawful
  2. 2 Whether the Inspector and Secretary of State erred in their assessment of 'need' for extraction of Woburn Bentonite
  3. 3 Whether the Inspector's treatment of evidence, including commercial confidentiality and Dr Thompson's doubts, was irrational or involved error of fact

Ratio Decidendi

The Inspector and Secretary of State lawfully concluded, after careful analysis, that the evidence did not demonstrate a clear and genuine need for extraction of Woburn Bentonite sufficient to outweigh harm to local landscape and ecology. The treatment of evidence, including commercial confidentiality and doubts raised by Dr Thompson, was rational and did not involve error of fact or consideration of irrelevant matters. The distinction between national and local need was properly addressed, and the balancing exercise was performed in accordance with planning law.

Court Disposition

application dismissed

Orders

  • Application to quash the decision letter is dismissed.
  • Related challenge to highways orders is dismissed.