Gregory v Welsh Ministers & Ors [2013] EWHC 63 (Admin) (25 January 2013)

Gregory v Welsh Ministers & Ors [2013] EWHC 63 (Admin) (25 January 2013)

The inspector had no jurisdiction to determine the appeal and grant planning permission without first obtaining a screening direction from the Welsh Ministers as required by regulation 9(2); his decision was ultra vires and must be quashed.

Citation
[2013] EWHC 63 (Admin)
Parties
Claimant: Victoria Glynne Gregory; Defendant: Welsh Ministers; Interested Party: Isle of Anglesey County Council; Interested Party: Owen Rowlands
Jurisdiction
England and Wales
Judgment Date
25 January 2013
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Application granted; inspector's decision quashed.
Legal Topics
Environmental Impact Assessment, Town and Country Planning, Jurisdiction of Inspector, Screening Direction
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Town and Country Planning Jurisdiction of Inspector Screening Direction

Case Brief

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Parties

Victoria Glynne Gregory

Claimant

Welsh Ministers

Defendant

Isle of Anglesey County Council

Interested Party

Owen Rowlands

Interested Party

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the inspector had jurisdiction to determine the appeal without a screening direction under regulation 9(2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
  2. 2 Whether the inspector's reliance on the council's screening opinion was legally sufficient
  3. 3 Whether the inspector's decision to grant planning permission was ultra vires

Ratio Decidendi

The inspector had no jurisdiction to determine the appeal and grant planning permission without first obtaining a screening direction from the Welsh Ministers as required by regulation 9(2); his decision was ultra vires and must be quashed.

Court Disposition

Application granted; inspector's decision quashed.

Orders

  • Quashing order issued against inspector's decision granting planning permission.