Court refuses to grant injunction for removal of weir

01 Jan 2018

Planning and Environment

The High Court, in a robust defence of local authority decision making, has dismissed an application for judicial review of Stafford Borough Council’s grant of planning permission for a slurry store.

In R(on the application of Davies) v Stafford BC [2012] All ER (D) 20 the Council’s grant of permission was challenged on the basis that, in the context of an environmental health officer advising that the impact of the development would be acceptable providing that it was well managed, the Council had failed to have regard to whether or not to impose a condition controlling the regulation and management of the slurry store. In the alternative, the decision not to impose a condition was irrational. Secondly, it was alleged that the EHO had improperly relied on the statutory nuisance regime for dealing with any nuisance as an alternative to planning control.

The claim was dismissed on all grounds. The EHO had clearly considered that the imposition of a condition was unnecessary, the Council was entitled to rely on that judgement and there was no irrationality on the part of either the EHO or the Council. Further, the EHO had not considered the statutory nuisance regime as an alternative or substitute to proper planning controls, but rather had only referred to the statutory remedies available if any issues arose.

Wayne Beglan appeared for the Local Planning Authority.