Howell, R (On the Application Of) v Stamford Renewable Power Ltd & Ors

Howell, R (On the Application Of) v Stamford Renewable Power Ltd & Ors

The breaches of planning conditions relating to aviation and archaeology did not go to the heart of the planning permission and were either remedied or not material; enforcement would be irrational and an abuse of power. There was no breach of the Environmental Impact Assessment Regulations requiring further publicity or consultation, and even if there was, no substantial prejudice or different outcome was likely. The Council's decisions were lawful and the application for judicial review is dismissed.

Parties
Claimant: Benjamin Cameron Howell; Defendant: Waveney District Council; Interested Party: Stamford Renewable Power Ltd; Interested Party: Sergei Grachev; Interested Party: Celeste Blois; Interested Party: Geoffrey Meen; Interested Party: Brenda Meen
Jurisdiction
England and Wales
Judgment Date
07 December 2018
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Planning Permission, Judicial Review, Planning Conditions, Environmental Impact Assessment, Public Consultation, Archaeology, Aviation Safety
Planning Law Environmental Law Administrative Law Planning Permission Judicial Review Planning Conditions Environmental Impact Assessment Public Consultation +2 more

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Parties

Benjamin Cameron Howell

Claimant

Waveney District Council

Defendant

Stamford Renewable Power Ltd

Interested Party

Sergei Grachev

Interested Party

Celeste Blois

Interested Party

Geoffrey Meen

Interested Party

Brenda Meen

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether breach of planning conditions (aviation and archaeology) rendered the planning permission incapable of implementation and unlawful
  2. 2 Whether the Council failed to comply with publicity and consultation requirements under Environmental Impact Assessment Regulations

Ratio Decidendi

The breaches of planning conditions relating to aviation and archaeology did not go to the heart of the planning permission and were either remedied or not material; enforcement would be irrational and an abuse of power. There was no breach of the Environmental Impact Assessment Regulations requiring further publicity or consultation, and even if there was, no substantial prejudice or different outcome was likely. The Council's decisions were lawful and the application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed