Legal News

Infrastructure planning—an error of law in the process of determining applications did not justify a quashing of the decisions (EFW Group Ltd v SSBEIS)

Published on: 20 October 2021
Published by: LexisPSL
  • Infrastructure planning—an error of law in the process of determining applications did not justify a quashing of the decisions (EFW Group Ltd v SSBEIS)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Planning analysis: Although the Secretary of State had gone wrong in law when deciding, contrary to the recommendation of his examining inspector, to treat two applications in respect of adjacent but separate waste infrastructure projects together, under section 104 of the Planning Act 2008 (PA 2008),one fell to be considered under that section, being of sufficient size to qualify as a Nationally Significant Infrastructure Project (NSIP); the other was, by itself, not of sufficient size. The court held that the inspector had been right to treat the applications separately—different considerations applied depending on whether PA 2008, s 104 or PA 2008, s 105 was the correct procedure; examining them together (which was permissible) did not mean the smaller one was to be treated as if it were a NSIP for the purposes of determining its acceptability. Nonetheless the error (which was acknowledged by the Secretary of State in the proceedings) did not have a material effect on the outcome; and section 31(2A) of the Senior Courts Act 1981 (SCA 1981) meant that no relief followed. Written by Josef Cannon, barrister at Cornerstone Barristers. or take a trial to read the full analysis.

Popular documents