Source: All England Reporter
Publisher Citation: [2013] All ER (D) 124 (Jun)
Neutral Citation: [2013] EWHC 1611 (Admin)
Court: Queen's Bench Division, Administrative Court (Birmingham)

Mr Justice Kenneth Parker

Representation Richard Harwood QC (instructed by Richard Buxton) for the claimant.
  Richard Kimblin and Hashi Mohamed (instructed by Gedling Borough Council) for the authority.
Judgment Dates: 12 June 2013


Town and country planning - Permission for development - Material consideration - Defendant local authority granting interested parties planning permission for wind turbine - Claimant seeking judicial review of defendant's decision - Whether planning officer entitled to advise on what constituting material considerations - Whether planning obligations valid - Whether senior planning officer erring in determining no environmental impact assessment being required.

The Case

Town and country planning Permission for development. The defendant local authority granted the interested parties planning permission for a wind turbine. The claimant sought judicial review of that decision. The Administrative Court, in dismissing the application, held that: (i) a planning officer was entitled to advise the authority on what constituted material considerations; (ii) undertakings given by the interested parties as to noise levels were valid and enforceable; and (iii) a senior planning officer had carried out the requisite analysis in determining that an environmental impact assessment was not required.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.