Crest Nicholson Operations Ltd & Ors v West Berkshire District Council & Ors

Crest Nicholson Operations Ltd & Ors v West Berkshire District Council & Ors

The Court held that the rationale for the DEPZ was adequately set out in the Consequences Report, which was reviewed and approved by both ONR and PHE. The regulatory oversight was multi-layered and sufficient. The timing of publication of the Consequences Report was rational and lawful. The Claimants’ application...

Source-derived case information.

Parties
Claimant: Crest Nicholson Operations Limited; Claimant: Hallam Land Management Limited; Claimant: Wilson Enterprises Limited; Defendant: West Berkshire District Council; Interested Party: AWE Plc; Interested Party: Secretary of State for Defence; Interested Party: Public Health England; Interested Party: Office for Nuclear Regulation
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Emergency Planning, Radiation Safety, Disclosure, Procedural Fairness, National Security, Statutory Interpretation
Administrative Law Regulatory Law Public Law Judicial Review Emergency Planning Radiation Safety Disclosure Procedural Fairness +2 more

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Parties

Crest Nicholson Operations Limited

Claimant

Hallam Land Management Limited

Claimant

Wilson Enterprises Limited

Claimant

West Berkshire District Council

Defendant

AWE Plc

Interested Party

Secretary of State for Defence

Interested Party

Public Health England

Interested Party

Office for Nuclear Regulation

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the rationale for the designation of the Detailed Emergency Planning Zone (DEPZ) complied with statutory requirements under REPPIR 2019
  2. 2 Whether the regulatory oversight by the Office for Nuclear Regulation (ONR) was adequate and lawful
  3. 3 Whether the Consequences Report was made available to the public as soon as reasonably practicable under Regulation 21(10)

Ratio Decidendi

The Court held that the rationale for the DEPZ was adequately set out in the Consequences Report, which was reviewed and approved by both ONR and PHE. The regulatory oversight was multi-layered and sufficient. The timing of publication of the Consequences Report was rational and lawful. The Claimants’ application for disclosure was refused as unnecessary. The claim failed on all grounds.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • Application for disclosure refused