Catriona Riddell FRTPI, Director of Catriona Riddell and Associates Ltd (S8 E7)
Decisions of the Week:
- Decision of the Court of Appeal in Tidal Lagoon (Swansea Bay) PLC v Secretary of State for BE&IS & Welsh Ministers & Swansea Council  EWCA Civ 1579 dated 1st December 2022 dismissing an appeal against the failure of the court below to grant declarations that a DCO granted in 2015 had been lawfully commenced. Issues around the requirements stipulated in the DCO and sections 154 & 155 of the Planning Act 2008.
- Decision of the Secretary of State for Housing & Planning dated 5th December 2022 allowing an appeal by JBM Solar Projects 2 Ltd against the refusal by Mid Devon Council of an application for planning permission for the construction of ground-mounted solar PV panels to generate up to 49.9 MW on a 60.78hs site. Landscape effects, impacts on DHA, loss of BMV agricultural land, safety of a battery storage facility, BNG, & benefits all considered in context of development plan and NPPF. Inspector recommendation that permission be granted.
- Decision of the Secretary of State dated 7 December 2022 allowing an application made in 2017 by West Cumbria Mining Ltd following a referral under section 77 of the TCPA in March 2021 and a subsequent public inquiry in 2021 for a new underground coal mine, the refurbishment of two mine drifts leading to two new drifts, coal loading facilities & railway siding, new underground conveyor & associated development at Whitehaven in accordance with the inspector’s recommendation.
- Decision of the Secretary of State for BE&IS dated 7 December 2022 for the Keadby 3 (Carbon Capture Gas Fired Generating Station) Order for the construction, operation and maintenance of a new electricity generating station for up to 901 MW of gross electrical output under the Planning Act 2008, in accordance with the examining authority’s recommendation, on land within & adjoining the existing Keadby Power Station site, west of the village of Keadby and 7 km west of Scunthorpe.