Capel Parish Council v Surrey County Council [2009] EWHC 350 (Admin) (05 March 2009)

Capel Parish Council v Surrey County Council [2009] EWHC 350 (Admin) (05 March 2009)

The inspectors' application of a presumption of soundness to the development plan documents was a material error of law that tainted their assessment of the soundness of the policies and site allocations, including Clockhouse Brickworks. This error undermined the lawfulness of the inclusion of the site in the Surrey Waste Plan and the subsequent planning permissions granted for an incinerator. The court quashed the relevant parts of the plan and the planning permissions.

Citation
[2009] EWHC 350 (Admin)
Parties
Claimant: Capel Parish Council; Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
05 March 2009
Procedural Posture
Judicial Review and Statutory Challenge / High Court Judgment
Outcome
Claim allowed; relevant parts of the Surrey Waste Plan and planning permissions quashed.
Legal Topics
Development Plan Documents, Waste Management, Judicial Review, Procedural Fairness, Presumption of Soundness, Site Allocation, Environmental Impact
Administrative Law Planning Law Environmental Law Development Plan Documents Waste Management Judicial Review Procedural Fairness Presumption of Soundness +2 more

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Parties

Capel Parish Council

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review and Statutory Challenge / High Court Judgment

Legal Issues

  1. 1 Whether the inclusion of Clockhouse Brickworks in the Surrey Waste Plan DPDs was lawful
  2. 2 Whether the inspectors' application of a presumption of soundness was an error of law
  3. 3 Whether the planning permissions granted for an incinerator at Clockhouse Brickworks should be quashed

Ratio Decidendi

The inspectors' application of a presumption of soundness to the development plan documents was a material error of law that tainted their assessment of the soundness of the policies and site allocations, including Clockhouse Brickworks. This error undermined the lawfulness of the inclusion of the site in the Surrey Waste Plan and the subsequent planning permissions granted for an incinerator. The court quashed the relevant parts of the plan and the planning permissions.

Court Disposition

Claim allowed; relevant parts of the Surrey Waste Plan and planning permissions quashed.

Orders

  • Quashing of the inclusion of Clockhouse Brickworks in policies WD2 and WD5 of the Surrey Waste Plan DPDs.
  • Quashing of the three planning permissions granted for the incinerator at Clockhouse Brickworks.