Cogent Land Llp v Rochford District Council & Anor
The defendant's Sustainability Appraisal Addendum was adequate and capable in law of curing any earlier defects in the environmental assessment process. The requirements of the Directive and Regulations were met, and there was no breach of natural justice or procedural unfairness.
- Parties
- Claimant: Cogent Land LLP; Defendant: Rochford District Council; Interested Party: Bellway Homes Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 21 September 2012
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application refused
- Legal Topics
- Strategic Environmental Assessment, Sustainability Appraisal, Local Development Plan, Natural Justice, EU Directive Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
Cogent Land LLP
Claimant
Rochford District Council
Defendant
Bellway Homes Ltd
Interested Party
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the defendant complied with the requirements of the Strategic Environmental Assessment Directive and implementing Regulations
- 2 Whether the Sustainability Appraisal Addendum cured any defects in the earlier process
- 3 Whether the inspector breached natural justice by not re-opening public hearings
Ratio Decidendi
The defendant's Sustainability Appraisal Addendum was adequate and capable in law of curing any earlier defects in the environmental assessment process. The requirements of the Directive and Regulations were met, and there was no breach of natural justice or procedural unfairness.
Court Disposition
Application refused
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