title="Wokefield Parish Council in West Berkshire">

News  »  Grazeley Garden Village & Burghfield DEPZ - Judicial Review



   Grazeley Garden Village & Burghfield DEPZ - Judicial Review    19 February, 2021

 

“A very important milestone with regard to the future (or not) of the Grazeley Garden Settlement happened on Friday (12 Feb), when judgment in the case of Crest Nicholson Operations Limited and Others v West Berkshire District Council was handed down, following a two day hearing in December.

 

“The action was an application for judicial review brought by a group of developers against WBC in relation to the extent of the AWE Burghfield DEPZ (Detailed Emergency Planning Zone), with AWE plc, the Secretary of State for Defence, Public Health England, and the Office for Nuclear Regulation all having joined the action as Interested Parties to support the WBC position. The Developer Applicants argued that WBC’s regulatory oversight of the designation process was deficient, but the Judge rejected those arguments and gave judgment for the Council.

 

“In dismissing the application, awarding costs to WBC, and refusing permission to appeal, The Hon Mrs Justice Thornton DBE said “The objective of the rationale is to enable the local authority to set the boundary of the DEPZ. Given the nature of the present challenge it is important to emphasise that the local authority does not have any statutory responsibility for the operator’s performance of its duties or a regulatory role in reviewing the operator’s work.” and “The local authority’s role is limited to deciding how to translate the operator’s recommendation into a workable emergency plan on the ground.

 

“So, the scope of the DEPZ, and the objection by the Defence Nuclear Organisation (part of the MoD) to the draft Wokingham Plan (and thus to development at Grazeley) has been given judicial support.”

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