William Corbett v Cornwall Council

    December 2013

    On 12 December 2013 Mr Justice Lewis dismissed a claim from a Cornwall resident, Mr Corbett (Claimant) for judicial review of a decision of Cornwall Council (Defendant) to grant planning permission to REG Windpower Limited (Interested Party) for a five turbine commercial wind farm at Denzell Downs, Cornwall.

    Squire Sanders senior associate Andrew Batterton instructed Vincent Fraser QC, representing the Interested Party.

    The case addresses a couple of points that will be of wider interest to those involved in the promotion and determination of planning considered under the National Planning Policy Framework (the Framework) and those the subject of Environmental Impact Assessment (EIA).

    The judgment considers the extent to which the Framework has brought about material changes to national planning policy, particularly in the context of renewable energy projects, as well as clarifies what information submitted by applicants in addition to its Environmental Statement is capable of being treated as “any other information” for the purposes of the EIA Regulations whereby the decision maker must advertise the additional information and suspend determination of the application for 21 days.