Innovia Cellophane Ltd & Anor, R (on the application of) v NNB Generation Company Ltd [2011] EWHC 2883 (Admin) (04 November 2011)

Innovia Cellophane Ltd & Anor, R (on the application of) v NNB Generation Company Ltd [2011] EWHC 2883 (Admin) (04 November 2011)

Temporary campus-type accommodation for construction workers does not constitute 'dwellings' excluded from associated development under section 115(2)(b) of the Planning Act 2008. The Infrastructure Planning Commission lawfully applied its last resort policy in granting access under section 53, given the prolonged failure to reach agreement and the need to avoid delay. The conditions attached to the authorisation were appropriate and enforceable, and additional contractual indemnities protected the claimants' interests.

Citation
[2011] EWHC 2883 (Admin)
Parties
Claimant: Innovia Cellophane Ltd and Innovia Films Ltd; Defendant: The Infrastructure Planning Commission; Interested Party: NNB Generation Company Ltd
Jurisdiction
England and Wales
Judgment Date
04 November 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Infrastructure Planning, Statutory Interpretation, Compulsory Access, Associated Development, Article 1 Protocol 1 ECHR
Administrative Law Planning Law Human Rights Infrastructure Planning Statutory Interpretation Compulsory Access Associated Development Article 1 Protocol 1 ECHR

Case Brief

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Parties

Innovia Cellophane Ltd and Innovia Films Ltd

Claimant

The Infrastructure Planning Commission

Defendant

NNB Generation Company Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether temporary workers' accommodation constitutes 'dwellings' excluded from 'associated development' under section 115(2)(b) of the Planning Act 2008
  2. 2 Whether the Infrastructure Planning Commission lawfully applied its 'last resort' policy in granting access under section 53 of the Planning Act 2008
  3. 3 Whether the conditions attached to the authorisation were enforceable and sufficient to protect the claimants' interests

Ratio Decidendi

Temporary campus-type accommodation for construction workers does not constitute 'dwellings' excluded from associated development under section 115(2)(b) of the Planning Act 2008. The Infrastructure Planning Commission lawfully applied its last resort policy in granting access under section 53, given the prolonged failure to reach agreement and the need to avoid delay. The conditions attached to the authorisation were appropriate and enforceable, and additional contractual indemnities protected the claimants' interests.

Court Disposition

Claim dismissed