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Single telecommunications mast did not constitute ‘urban development’
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The High Court refused to quash the planning authority's decision to grant permission for the construction of a telecommunications mast in a rural area adjacent to a small settlement, following a judicial review brought by two objectors. The court held that the planning authority was entitled to conclude that the project did not constitute 'urban development' under environmental assessment requirements, and its decision to permit the mast was not unlawful, irrational, or contrary to local planning policies. The court further found that health and safety concerns, issues of visual impact, and alleged procedural irregularities did not warrant intervention, as the applicants failed to establish any material error or inadequacy in the environmental or planning assessment process. All reliefs sought by the applicants were refused and the proceedings dismissed.
judicial review – planning permission – telecommunications mast – environmental impact assessment – appropriate assessment – rural development – urban development – local authority development plan – visual amenity – health and safety – Planning and Development Act 2000 – Planning and Development Regulations 2001 – EIA Directive 2011/92/EU – Habitats Directive 92/43/EEC – margin of evaluation – harmless error
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