RWE Npower Renewables Ltd. v The Welsh Ministers

RWE Npower Renewables Ltd. v The Welsh Ministers

The Inspector and Welsh Minister failed to provide adequate reasons for rejecting the claimant’s expert evidence on the impact of the wind farm on peat habitat, preventing the claimant from understanding the basis for refusal and prejudicing their ability to amend the proposal. This deficiency in reasons rendered the decision unlawful and required it to be quashed.

Parties
Claimant: RWE Npower Renewables Ltd; Defendant: The Welsh Ministers; Interested Party: City & County of Swansea
Jurisdiction
England and Wales
Judgment Date
08 July 2011
Procedural Posture
Judicial Review and Statutory Appeal / Judgment After Rolled Up Hearing
Outcome
Claimant's application under section 288 of the Town and Country Planning Act 1990 allowed; application for permission to apply for judicial review refused.
Legal Topics
Planning Permission, Judicial Review, Common Land, Environmental Impact Assessment, Duty to Give Reasons, Procedural Fairness
Administrative Law Planning Law Environmental Law Planning Permission Judicial Review Common Land Environmental Impact Assessment Duty to Give Reasons +1 more

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Parties

RWE Npower Renewables Ltd

Claimant

The Welsh Ministers

Defendant

City & County of Swansea

Interested Party

Procedural Posture

Judicial Review and Statutory Appeal / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Inspector and Welsh Minister gave adequate reasons for refusing planning permission for a wind farm due to impact on peat habitat
  2. 2 Whether there was procedural unfairness in not challenging the claimant's expert evidence at inquiry
  3. 3 Whether the refusal of exchange orders under section 147 of the Inclosure Act 1845 was legally flawed

Ratio Decidendi

The Inspector and Welsh Minister failed to provide adequate reasons for rejecting the claimant’s expert evidence on the impact of the wind farm on peat habitat, preventing the claimant from understanding the basis for refusal and prejudicing their ability to amend the proposal. This deficiency in reasons rendered the decision unlawful and required it to be quashed.

Court Disposition

Claimant's application under section 288 of the Town and Country Planning Act 1990 allowed; application for permission to apply for judicial review refused.

Orders

  • The decision of the Welsh Minister and the Inspector’s report are quashed for deficiency in reasons; the planning appeal is to be reconsidered.
  • Permission to apply for judicial review of the refusal of exchange orders under section 147 of the Inclosure Act 1845 is refused.