Crematoria Management Ltd, R (On the Application Of) v Welwyn Hatfield Borough Council
The Defendant did not act unlawfully in its screening opinion decision, but materially misled the planning committee regarding the capacity of the Broxbourne crematorium, vitiating the grant of planning permission.
- Parties
- Claimant: Crematoria Management Limited; Defendant: Welwyn Hatfield Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 01 March 2018
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim allowed in part; planning permission quashed.
- Legal Topics
- Environmental Impact Assessment, Planning Permission, Green Belt Development, Material Considerations
Case Brief
Summary, issues, holding and outcome
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Parties
Crematoria Management Limited
Claimant
Welwyn Hatfield Borough Council
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Defendant failed to consider the need for a screening opinion under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011
- 2 Whether the Defendant failed to take into account the capacity of the Broxbourne crematorium when assessing need for the proposed development
Ratio Decidendi
The Defendant did not act unlawfully in its screening opinion decision, but materially misled the planning committee regarding the capacity of the Broxbourne crematorium, vitiating the grant of planning permission.
Court Disposition
Claim allowed in part; planning permission quashed.
Orders
- Quashing order granted against the Defendant's planning permission for the Site.
Full Case Text
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