Council fights off JR over moving livestock centre from town centre
A county council in Wales has successfully defended two judicial reviews over plans to move Abergavenny’s cattle market and a decision to grant planning permission for a branch of a supermarket chain on the site.
However, Monmouthshire County Council estimated that it had spent more than £100,000 in defending the two challenges and other claims brought by campaign group Keep Abergavenny Livestock Market (KALM).
KALM had sought to challenge the repeal of the Abergavenny Acts and Monmouthshire’s grant of planning permission to Optimisation Developments.
Under the proposals, the cattle market would move ten miles away to Raglan. In addition to a supermarket, there would be a new library and car parking on the original site.
In Long, R (on the application of) v Monmouthshire County Council & Anor [2012] EWHC 3130 the claimant argued that the authority’s decision was unlawful in that it was made:
- contrary to Regulation 3 of the Town and Country Planning (Environmental Impact Assessment (England and Wales)) Regulations 1999, SI 1993/293 ("the EIA Regulations");
- contrary to Regulation 61(1) of the Conservation of Habitats and Species Regulations 2010 ("the Habitat Regulations");
- contrary to the Development Plan Policy ("UDP") and without proper consideration of that conflict; and
- contrary to the statutory obligations which bind the Council with respect to the livestock market which is currently operational in Abergavenny.
Mrs Justice Nicola Davies rejected the claimants’ challenge. She said: “Having considered the evidence and the submissions, it is difficult to avoid the conclusion that this challenge is in reality an attack upon the planning merits of the decision of the council in granting planning permission to the interested party.”
She added: “Misplaced forensic criticism has been levelled at decisions made when no issue was taken at the time objections were made. The actions of the council.... were in accordance with the views of those properly consulted. No evidence has been adduced to identify any real risk to the River Usk as a result of the proposed remedial measures.”
In a second ruling in Long, R (on the application of) v Optimisation Developments Ltd [2012] EWHC 3131, the judge also rejected a judicial review challenge brought by KALM over the decision by the Minister for Local Government and Communities, Wales, to lay an order repealing s. 28 of the Abergavenny Improvement Act 1854.
The section required the council to hold a livestock market with the town of Abergavenny on designated land in the current town centre.
Mrs Justice Nicola Davies rejected KALM’s grounds for challenge, which included claims that the Minister’s decision was made in error of law. The judge added that the Welsh Ministers had considered the correct legal consequences of the proposed repeal.
Steve Greenslade, Director of Transition at Monmouthshire and leader of the officer team at the council dealing with the project, said: "Hopefully now with work having begun on the new market site at Bryngwyn and with such a decisive judgment against them, this will be an end to the legal challenges which lawyers are doing well out of, but continue to cost local council tax payers dearly. This project should now be completed without further delay."
Calling on KALM not to appeal the ruling, Cllr Bob Greenland, Monmouthshire’s Deputy Leader and Cabinet Member for Modernisation and Enterprise, said: "Consistently the elected members of MCC have considered the project in detail and have overwhelmingly voted in favour of it. Surely now is the time for democracy to prevail.”