Campaign for the Protection of Rural Wales (Brecon & Radnor Branch) v The Welsh Ministers

Campaign for the Protection of Rural Wales (Brecon & Radnor Branch) v The Welsh Ministers

The Defendant did not misinterpret or misconstrue the requirement for exceptional circumstances under PPW 6.5.5, provided adequate reasons, and her decision was not irrational; permission for statutory review is refused.

Parties
Claimant: Campaign for the Protection of Rural Wales (Brecon & Radnor Branch); Defendant: The Welsh Ministers; First Interested Party: Powys County Council; Second Interested Party: Hendy Wind Farm Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2019
Procedural Posture
Statutory Review (planning) / Renewed Application for Permission
Outcome
Permission to bring statutory review refused.
Legal Topics
Statutory Review, Planning Permission, Renewable Energy, Heritage Assets, Aarhus Convention, Costs
Administrative Law Planning Law Environmental Law Statutory Review Planning Permission Renewable Energy Heritage Assets Aarhus Convention +1 more

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Parties

Campaign for the Protection of Rural Wales (Brecon & Radnor Branch)

Claimant

The Welsh Ministers

Defendant

Powys County Council

First Interested Party

Hendy Wind Farm Limited

Second Interested Party

Procedural Posture

Statutory Review (planning) / Renewed Application for Permission

Legal Issues

  1. 1 Whether the Defendant misinterpreted 'exceptional circumstances' in Planning Policy Wales paragraph 6.5.5
  2. 2 Whether the Defendant's decision was irrational
  3. 3 Whether the Defendant failed to provide adequate reasons for her decision

Ratio Decidendi

The Defendant did not misinterpret or misconstrue the requirement for exceptional circumstances under PPW 6.5.5, provided adequate reasons, and her decision was not irrational; permission for statutory review is refused.

Court Disposition

Permission to bring statutory review refused.

Orders

  • Claimant to pay Defendant £4,491 for costs of and incidental to preparation of AOS unless further application for costs is made within 14 days.
  • Parties have liberty to apply for further directions as to costs within 14 days.