Ibstock Group Ltd, R (on the application of) v Rother District Council [2009] EWHC 195 (Admin) (15 January 2009)

Ibstock Group Ltd, R (on the application of) v Rother District Council [2009] EWHC 195 (Admin) (15 January 2009)

It was lawful for the Council to grant planning permission subject to conditions requiring later approval of landscaping and layout details; the relationship between the cemetery extension and landfill site was adequately considered; Waste Local Plan WLP5 was relevant but added nothing to the requirements already imposed by Local Plan Policy BX10.

Citation
[2009] EWHC 195 (Admin)
Parties
Claimant: Ibstock Group Limited; Defendant: Rother District Council
Jurisdiction
England and Wales
Judgment Date
15 January 2009
Procedural Posture
Judicial Review / Final Judgment and Summary Assessment of Costs
Outcome
Application for judicial review dismissed
Legal Topics
Local Plan Compliance, Planning Permission Conditions, Waste Management Policy, Land Use Conflict, Judicial Review Grounds
Administrative Law Planning Law Local Plan Compliance Planning Permission Conditions Waste Management Policy Land Use Conflict Judicial Review Grounds

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Parties

Ibstock Group Limited

Claimant

Rother District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment and Summary Assessment of Costs

Legal Issues

  1. 1 Whether planning permission complied with Local Plan Policy BX10 in absence of landscaping and mitigation details
  2. 2 Whether Council failed to have regard to Waste Local Plan WLP5
  3. 3 Whether sufficient information existed to reasonably grant planning permission

Ratio Decidendi

It was lawful for the Council to grant planning permission subject to conditions requiring later approval of landscaping and layout details; the relationship between the cemetery extension and landfill site was adequately considered; Waste Local Plan WLP5 was relevant but added nothing to the requirements already imposed by Local Plan Policy BX10.

Court Disposition

Application for judicial review dismissed

Orders

  • Claimant's application for judicial review dismissed
  • Defendant awarded full costs as claimed, summarily assessed at £21,472 inclusive of VAT