Source: All England Reporter
Publisher Citation: [2013] All ER (D) 25 (May)
Neutral Citation: [2013] EWHC 1054 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Mr Justice Lindblom

Representation Ian Dove QC and Jenny Wigley (instructed by Richard Buxton Solicitors) for the claimant.
  David Elvin QC and Richard Turney (instructed by Head of Legal and Democratic Services, Buckinghamshire County COuncil) for the defendant
  James Maurici (instructed by Walker Morris Solicitors) for the Interested Party
Judgment Dates: 29 April 2013

Catchwords

Town and country planning - Permission for development - Application for permission - Claimant contending that permission granted unlawfully - Defendant failing to give adequate reasons - Whether defendant had complied with national planning policy - Whether defendant had complied with legislative requirements - Council Directive (EEC) 92/43/ on the Conservation of Habitats and of Wild Fauna and Flora - Conservation of Habitats and Species Regulations 2010 - Town and Country Planning (Development Management Procedure) (England) Order 2010, Art 31.

The Case

Town and country planning Permission for development. The claimant contested the grant of planning permission for a waste facility and access road, the construction of which would have detrimental impact upon the environment. The defendant local authority granted planning permission, and Natural England subsequently granted derogation licences allowing detrimental work to take place. At a later date, the licences were quashed by consent, but not before detrimental work had already taken place in respect of two protected species of bats. The claimant brought judicial review proceedings claiming that the grant of planning permission had been unlawful. Permission to proceed with judicial review was allowed but the claim was dismissed. The local authority was not required to perform the function of Natural England. The authority had not acted contrary to Government policy and it had provided adequate reasons for the granting the permission.

Practice Areas

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