Town and country planning — Interested party berthing ships in dry dock for refurbishment — Claimant residents objecting — Whether proposed activities falling within scope of planning permission — Whether ships constituting “marine structures” for purposes of planning permission — Claim allowed
The interested party entered into a contract to dismantle and refurbish ships containing a variety of environmentally threatening waste products. The ships were exported from America and berthed in dry dock with the benefit of planning permission granted by the local authority in 1997. The claimants were residents of the local town. They applied for judicial review, challenging the interested party’s right to operate in this manner under the terms of the extant planning permission. An issue arose as to whether a ship was a “marine structure” for the purposes of the permission.
Held: The claim was allowed.
The original planning permission granted to the defendant had allowed for the dismantling and refurbishment of marine structures. It had been accompanied by an environmental statement in which it was clear that marine structures comprised oil platforms and similar structures. Some specific mention of ships, vessels and barges was made within the statement but it was clear that they were not being considered under the “umbrella” of marine structures. On that basis, it was clear that marine structures, as contemplated in the planning permission, did not include ships. Further, the environmental statement contained nothing to suggest that “marine structure” had a wider meaning. It was inappropriate to approach an environmental statement on the basis that activities should be taken to be included unless they were expressed excluded.
Dr David Wolfe (instructed by Public Interest Lawyers) appeared for the claimants; Mark Lowe QC and James Findlay (instructed by the solicitor to Hartlepool Borough Council) appeared for the defendants; Roy Martin QC and Carine Patry (instructed by Ward Hadaway, of Newcastle upon Tyne) appeared for the third party.
Vivienne Lane, barrister
