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14 Nov 2016

Waste, planning and Aarhus costs

William Upton and Emmaline Lambert have successfully defended a waste recycling facility permission next to a proposed new ‘garden suburb’. The Judicial Review proceedings were brought by the promoters of the 1,000+ homes in Birchall Garden Suburb, including Tarmac Ltd. It was said that the waste recycling facility would limit the housing development, was probably EIA development and had not been properly assessed given its Green Belt location.

The Planning Court rejected the claim. It also held that there is no such concept as a technical breach of natural justice or of the duty to act fairly. The claimants had contended that (1) the EIA screening opinion was unlawful because the local authority had failed to give clear and precise full reasons for its opinion; (2) the local authority had wrongly applied the local plan by not requiring a detailed assessment of the impact on future housing on nearby sites; and (3) they had misinterpreted Green Belt policy.

Although this was an ‪Aarhus Convention Claim, the Court capped the costs awarded at £20,000. The cap in CPR 45.43 applied per claimant and not per claim.

William Upton and Emmaline Lambert appeared for Hertfordshire County Council.

A copy of the judgment is available here