Challenge to council’s grant of planning permission for waste facility succeeds (Becker v Hertfordshire County Council)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Ground 1—failure to have regard to impact from JCBs
• Ground 2—failure to have regard to early-morning impact of HGVs
• Ground 3—misapplication of green belt policy
• Ground 4—failure to consider impact of use of compost away from Blackbirds Farm
• Ground 5—irrationally

Article summary

Planning analysis: In Becker v Hertfordshire County Council, the High Court ruled that Hertfordshire County Council’s decision, under the Town and Country Planning Act 1990 (TCPA 1990), to grant retrospective planning permission to a farm owner for the maturing of compost was unlawful. The ruling followed a judicial review brought by neighbours. Charles Streeten, barrister at Francis Taylor Building (who acted for the successful interested party) comments on what lessons can be learned from this case and considers the implications for planning practitioners.