23 January 2015
Kendall v Rochford District Council and another [2014] EWHC 3866 (Admin) [2014] All ER (D) 242 (Dec)
The claimant sought an order to quash the first defendant local planning authority’s allocation plan, on the basis of serious flaws in its consultation. The Planning Court, in dismissing the application, held that the authority’s failure effectively to notify the public that it had been using its website to consult and to use an extra means of consultation had amounted to a breach of Art 6 of European Parliament and of the Council Directive (EC) 2001/42 and reg 13 of the Environmental Assessment of Plans and Programmes Regulations 2004 (SI 2004/1633). However, it exercised its discretion to refuse relief.
