Gate (oao on balhalf of Transport Solutions FOP Lancaster and Morecambe), R (on the application of) v Secretary of State for Transport & Anor

Gate (oao on balhalf of Transport Solutions FOP Lancaster and Morecambe), R (on the application of) v Secretary of State for Transport & Anor

The Heysham/M6 development was lawfully treated as a nationally significant infrastructure project under the Planning Act 2008, the consultation process was fair and robust, relevant policy statements were properly considered, alternative routes were lawfully rejected, and otter welfare was adequately addressed; none of the claimant's grounds justified judicial intervention.

Parties
Claimant: David Gate on behalf of Transport Solutions for Lancaster and Morecambe; Defendant: Secretary of State for Transport; Interested Party: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
04 October 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Development Consent, Consultation Process, National Policy Statements, Alternative Routes, Protected Species
Administrative Law Planning Law Environmental Law Development Consent Consultation Process National Policy Statements Alternative Routes Protected Species

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Parties

David Gate on behalf of Transport Solutions for Lancaster and Morecambe

Claimant

Secretary of State for Transport

Defendant

Lancashire County Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the defendant had power to make the order under the Planning Act 2008
  2. 2 Whether the consultation process was flawed
  3. 3 Whether reliance on inapplicable National Policy Statements was unlawful

Ratio Decidendi

The Heysham/M6 development was lawfully treated as a nationally significant infrastructure project under the Planning Act 2008, the consultation process was fair and robust, relevant policy statements were properly considered, alternative routes were lawfully rejected, and otter welfare was adequately addressed; none of the claimant's grounds justified judicial intervention.

Court Disposition

Application for judicial review dismissed