Capel Parish Council v Surrey County Council

Capel Parish Council v Surrey County Council

The inspectors' application of an erroneous presumption of soundness tainted their assessment of the Surrey Waste Plan, particularly the inclusion of Clockhouse Brickworks, rendering the relevant policies unsound and requiring quashing of both the site allocation and associated planning permissions.

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 / Final Judgment
Outcome
Claim allowed; inclusion of Clockhouse Brickworks in WD2 and WD5 quashed; planning permissions quashed.
Legal Topics
Development Plan Documents, Site Allocation, Soundness of Planning Policies, Statutory Interpretation, Community Involvement, Environmental Assessment
Planning Law Administrative Law Development Plan Documents Site Allocation Soundness of Planning Policies Statutory Interpretation Community Involvement Environmental Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Capel Parish Council

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review and Statutory Challenge / Final Judgment

Legal Issues

  1. 1 Whether the inclusion of Clockhouse Brickworks in Surrey Waste Plan DPDs was lawful
  2. 2 Whether the inspectors applied an erroneous presumption of soundness
  3. 3 Whether planning permissions based on unsound policies should be quashed

Ratio Decidendi

The inspectors' application of an erroneous presumption of soundness tainted their assessment of the Surrey Waste Plan, particularly the inclusion of Clockhouse Brickworks, rendering the relevant policies unsound and requiring quashing of both the site allocation and associated planning permissions.

Court Disposition

Claim allowed; inclusion of Clockhouse Brickworks in WD2 and WD5 quashed; planning permissions quashed.

Orders

  • The inclusion of Clockhouse Brickworks in Surrey Waste Plan DPDs (WD2 and WD5) is quashed.
  • Planning permissions granted for energy from waste facility at Clockhouse Brickworks are quashed.