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01 FEB 2012

R (Cornwall Waste Forum, St Dennis Branch) v Cornwall Council [2011] EWHC 2761 (Admin)

Planning – environmental law – incinerators – Habitats Directive – competent authorities – legitimate expectation – relief.

It was not proportionate to override the legitimate expectation of an objector to a planning application that a planning inspector would consider whether an appropriate assessment would be conducted despite the cost and delay that would entail to the project.
13 October 2011
Administrative Court
Collins J
(i) The Cornwall Waste Forum (C) applied under section 288 of the Town and Country Planning Act 1990 to quash the grant of planning permission to build an incinerator. The site was close to two Special Areas of Conservation, designated as such pursuant to the Directive 92/443/EU (“the Habitats Directive”).

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