Trevone Objectors Group, R (On the Application Of) v The Cornwall Council

Trevone Objectors Group, R (On the Application Of) v The Cornwall Council

The Council was entitled to exercise planning judgment in determining that the proposed development was not 'major' for the purposes of its local plan and that an EIA was not required. The Council considered all relevant factors, including the nature, size, and location of the development, and did not treat size as determinative. The precautionary principle was not breached, and the decision was not irrational. The claim for judicial review is dismissed.

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 / Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Local Planning Policy, Judicial Review, Precautionary Principle, Interpretation of Planning Regulations
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Local Planning Policy Judicial Review Precautionary Principle Interpretation of Planning Regulations

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 / Judgment

Legal Issues

  1. 1 Whether the Council failed to apply its local plan policy requiring environmental assessment for major development in an AONB
  2. 2 Whether the Council failed to apply the precautionary principle in screening for EIA
  3. 3 Whether the Council erred in law by treating size as determinative in EIA screening

Ratio Decidendi

The Council was entitled to exercise planning judgment in determining that the proposed development was not 'major' for the purposes of its local plan and that an EIA was not required. The Council considered all relevant factors, including the nature, size, and location of the development, and did not treat size as determinative. The precautionary principle was not breached, and the decision was not irrational. The claim for judicial review is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.