Cases - Newport Borough Council v Secretary of State for Wales

Record details

Name

Newport Borough Council v Secretary of State for Wales

Date

[1998]

Citation

1 PLR 47

Keywords

Planning control

Summary

The local planning authority refused planning permission for a chemical waste treatment plant against a background of substantial public opposition. Although experts' and consultees' opinions provided no valid basis for health fears, one of the grounds for refusal was the local community's perception that the development would be contrary to the public interest generally and their interests in particular. The Secretary of State granted permission on appeal and awarded costs against the local planning authority on the basis that public concern without substantial supporting evidence does not warrant refusal of permission. The local planning authority challenged the award of costs.

The Court of Appeal held that the Secretary had made an error of law. Perceived fears, even if not soundly based upon scientific or logical fact, are relevant planning considerations as they may affect the amenity of an area. Therefore they can amount, perhaps rarely, to a good reason for refusal of planning permission. So in considering the award of costs, the Secretary of State should have determined whether or not, upon the facts of the case, the perceived fears were of such little weight as to render the refusal by the council unreasonable. So the matter was remitted for reconsideration.