Trevone Objectors Group, R (On the Application Of) v The Cornwall Council [2013] EWHC 4091 (Admin) (20 December 2013)

Trevone Objectors Group, R (On the Application Of) v The Cornwall Council [2013] EWHC 4091 (Admin) (20 December 2013)

The Council lawfully exercised its planning judgment in concluding that the development was not likely to have significant environmental effects requiring an EIA. The Council was entitled to interpret 'major development' on a case-by-case basis, applied the precautionary principle, did not treat size as determinative, and its decision was not irrational. There was no legal error in the Council's approach or reasoning.

Citation
[2013] EWHC 4091 (Admin)
Parties
Claimant: Trevone Objectors Group; Defendant: The Cornwall Council; Interested Party: First Step Home Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Planning Permission, Areas of Outstanding Natural Beauty, Judicial Review, Precautionary Principle
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Planning Permission Areas of Outstanding Natural Beauty Judicial Review Precautionary Principle

Case Brief

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Parties

Trevone Objectors Group

Claimant

The Cornwall Council

Defendant

First Step Home Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether Cornwall Council unlawfully failed to require an Environmental Impact Assessment (EIA) before granting planning permission for development in an Area of Outstanding Natural Beauty (AONB)
  2. 2 Whether the Council failed to apply its own local plan policy regarding major development in AONBs
  3. 3 Whether the Council failed to apply the precautionary principle in environmental decision-making

Ratio Decidendi

The Council lawfully exercised its planning judgment in concluding that the development was not likely to have significant environmental effects requiring an EIA. The Council was entitled to interpret 'major development' on a case-by-case basis, applied the precautionary principle, did not treat size as determinative, and its decision was not irrational. There was no legal error in the Council's approach or reasoning.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed.