RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor

RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor

The St Ives Neighbourhood Development Plan, including Policies H2 and H3, did not breach or was otherwise incompatible with EU obligations under the SEA Directive, nor was Policy H2 incompatible with Article 8 ECHR. The Council's decision to progress the plan to referendum was lawful, as reasonable alternatives were properly considered, the policy objectives were legitimate, and sufficient checks and balances exist to protect Article 8 rights.

Parties
Claimant: RLT Built Environment Limited; Defendant: The Cornwall Council; Interested Party: St Ives Town Council
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Application dismissed after permission granted
Legal Topics
Neighbourhood Development Plans, Strategic Environmental Assessment, Article 8 ECHR, Localism Act 2011, Town and Country Planning, Housing Policy, Sustainable Development
Planning Law Human Rights Law Environmental Law Administrative Law Neighbourhood Development Plans Strategic Environmental Assessment Article 8 ECHR Localism Act 2011 +3 more

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Parties

RLT Built Environment Limited

Claimant

The Cornwall Council

Defendant

St Ives Town Council

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether Policy H2 of the St Ives Neighbourhood Development Plan complies with the SEA Directive and Regulations
  2. 2 Whether Policy H3 of the St Ives Neighbourhood Development Plan complies with the SEA Directive and Regulations
  3. 3 Whether Policy H2 is compatible with Article 8 of the European Convention on Human Rights

Ratio Decidendi

The St Ives Neighbourhood Development Plan, including Policies H2 and H3, did not breach or was otherwise incompatible with EU obligations under the SEA Directive, nor was Policy H2 incompatible with Article 8 ECHR. The Council's decision to progress the plan to referendum was lawful, as reasonable alternatives were properly considered, the policy objectives were legitimate, and sufficient checks and balances exist to protect Article 8 rights.

Court Disposition

Application dismissed after permission granted

Orders

  • Permission to proceed on all grounds granted
  • Substantive application for judicial review refused