Posted: Tue 12th Apr 2016

Vale Council Planning Decision Upheld

This article is old - Published: Tuesday, Apr 12th, 2016

The Vale of Glamorgan Council has successfully defended a challenge in the High Court against a decision made by its planning committee in 2015. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The decision to grant full planning permission, subject to conditions, for the construction of a facility for the recycling of incinerator bottom ash at Wimborne Road in Barry was taken at a meeting of the committee on 3 September 2015, following a lengthy debate. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Following this the claimants sought to challenge the Council’s decision on 6 separate grounds, including that it had wrongly classified the bottom ash as ‘non-hazardous’, that it had failed to consider dust emissions, and that it hadn’t properly consulted Public Health Wales. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

However, in his decision issued in March 2016 the judge, The Hon. Mr Justice Coulson, stated that the application for judicial review “must fail” as it amounted to an attempt to reargue the merits of the original decision and was therefore without foundation. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Marcus Goldsworthy, the Head of Regeneration & Planning at the Vale of Glamorgan Council, said: “The Council is extremely pleased with this decision which vindicates all the hard work of both officers within our planning team and the members of the planning committee itself. This application was considered properly and thoroughly prior to committee making a well informed and reasoned decision. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The Council will now be seeking to ensure that all of the costs it incurred in defending its decision in the courts are recovered from the claimant.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​



Spotted something? Got a story? Email News@News.Wales



More from Vale of Glamorgan Council

Future of Penarth Remembrance Day Parade in Question Due to Road Closure Order Issue

Vale of Glamorgan Council

New Aldi Supermarket Approved for Development in Barry

Vale of Glamorgan Council

Plans in Place to Repurpose Vacant Wilko Store in Barry Town Centre

Vale of Glamorgan Council

Petition to Save Ward at Penarth Hospital Gains Hundreds of Signatures

Vale of Glamorgan Council

Penarth couple calls for relocation of generator due to health concerns

Vale of Glamorgan Council

Welsh council approves plans for over 300 new homes in Rhoose amid concerns

Vale of Glamorgan Council

Latest from News.Wales

Do Youngsters in Powys Secondary Schools Have Worse Exam Results When Taught by Supply Teachers?

Powys Council

Concerns Raised Over Reliability of Crammed X74 Bus Service, Monmouthshire Council to Hold Special Meeting

Monmouthshire Council

Land in Swansea Earmarked for Housing to Make Way for New Special School with 350 Places

Swansea Council

Pembroke Town Councillor Submits Four Petitions to Pembrokeshire County Council

Pembrokeshire Council

Concerns Raised Over Powys Education Chiefs Setting High School Exclusion Target

Powys Council

Failed Call to Overturn Pembrokeshire Waste Centre Booking System Decision

Pembrokeshire Council