Are some planning authorities more competent than others?

An interesting recent decision from the Court of Appeal, resulting in the grant of planning permission for a new energy-from-waste (EfW) incinerator (Cornwall Waste Forum St Dennis Branch v Secretary of State for Communities and Local Government and another [2012] EWCA Civ 379). The Administrative Court had previously judged that the secretary of state's (SoS) reliance on advice from the Environment Agency (EA) that the incinerator would have no significant environmental effects did not comply with the requirements of the EU Habitats Directive.

by Judith Damerell

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