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Regina (Goodman and Another) v Lewisham London Borough Council: CA 14 Feb 2003

Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment. Held: The local authority had concluded that the project could not be encompassed by the phrases ‘infrastructure project’ or ‘urban development project’. Whilst there might be some scope for disagreement, that did … Continue reading Regina (Goodman and Another) v Lewisham London Borough Council: CA 14 Feb 2003

Loader v Secretary of State for Communities and Local Government: Admn 28 Jul 2011

The claimant sought judicial review of a screening direction. Judges: Lloyd Jones J Citations: [2011] EWHC 2010 (Admin) Links: Bailii Statutes: Town and Country Planning (Environmental Impact Assessment) Regulations 1999 Jurisdiction: England and Wales Planning Updated: 17 September 2022; Ref: scu.442263

Friends of Hethel Ltd, Regina (on The Application of) v South Norfolk District Council and Another: CA 30 Jul 2010

The claimants challenged planning permission given for the erection of wind turbines. Judges: Sedley, Lloyd, Sullivan LJJ Citations: [2010] EWCA Civ 894, [2011] 1 WLR 1216, [2010] NPC 90, [2011] PTSR 630, [2011] BLGR 19, [2011] JPL 192 Links: Bailii Statutes: Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 Jurisdiction: England and … Continue reading Friends of Hethel Ltd, Regina (on The Application of) v South Norfolk District Council and Another: CA 30 Jul 2010

Mortell, Regina (on the Application of) v Oldham Metropolitan Borough: Admn 30 Mar 2007

The claimant sought orders quashing planning permissions granted for the re-development of land around Derker Station. Judges: Sir Michael Harrison Citations: [2007] EWHC 1526 (Admin), [2007] JPL 1679 Links: Bailii Statutes: Environmental Impact Assessment Directive 85/337/EEC, Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Jurisdiction: England and Wales Cited by: Cited … Continue reading Mortell, Regina (on the Application of) v Oldham Metropolitan Borough: Admn 30 Mar 2007

Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

Bateman, Regina (on The Application of) v South Cambridgeshire District Council: CA 22 Feb 2011

The claimants sought judicial review of a planning permission saying that it had been granted without requiring an environmental impact assessment. Citations: [2011] EWCA Civ 157 Links: Bailii Statutes: Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Jurisdiction: England and Wales Planning Updated: 02 September 2022; Ref: scu.429660

Evans, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: CA 22 Feb 2013

Judges: Lord Justice Beatson Citations: [2013] EWCA Civ 114, [2013] CN 239 Links: Bailii Statutes: Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 6 Jurisdiction: England and Wales Planning Updated: 18 July 2022; Ref: scu.471581

Barker, Regina (on the Application of) v London Borough of Bromley: HL 6 Dec 2006

The House was asked whether the 1988 Regulations properly implemented the Directive so as to require environmental impact assessments where the developer first obtained outline permission and then approval of reserved matters, but the need for an assessment only became clear at that second stage. Held: The authority did have the power to order an … Continue reading Barker, Regina (on the Application of) v London Borough of Bromley: HL 6 Dec 2006

Younger Homes (Northern) Ltd v First Secretary of State and Another: Admn 26 Nov 2003

The claimant sought to quash a planning decision on the basis that a screening decision had not been made. Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to have been signed, and the officer who formed the opinion was authorised. There was no … Continue reading Younger Homes (Northern) Ltd v First Secretary of State and Another: Admn 26 Nov 2003

Candlish, Regina (on the Application of) v Hastings Borough Council: Admn 14 Jul 2005

Citations: [2005] EWHC 1539 (Admin) Links: Bailii Statutes: Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Jurisdiction: England and Wales Planning, Environment Updated: 01 July 2022; Ref: scu.229057

Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames: CA 29 Jun 2001

There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor was it in a sensitive area, and nor was it over 0.5 hectares, and … Continue reading Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames: CA 29 Jun 2001

Regina (on the application of Lebus) v South Cambridgeshire District Council: QBD 27 Aug 2002

The applicant opposed permission for an egg-production unit, alleging that an environmental impact assessment was required. The regulations required a screening review to assess whether an assessment was required. There was no formal record of a screening review having been taken into account by the planning committee. Held: The failure to record the screening was … Continue reading Regina (on the application of Lebus) v South Cambridgeshire District Council: QBD 27 Aug 2002

Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group. The proposal involved the erection of two silos … Continue reading Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

Champion, Regina (on The Application of) v North Norfolk District Council and Others: CA 18 Dec 2013

The claimant had succeeded in a challenge to the grant of planning permission for the building of two barley silos. He said that the development was near and might affect Site of Special Scientic interest. The Council had at the same time said that there was no requirement for an environmental impact assessment, and that … Continue reading Champion, Regina (on The Application of) v North Norfolk District Council and Others: CA 18 Dec 2013

Finn-Kelcey v Milton Keynes Council: Admn 17 Jul 2008

The applicant sought judicial review of the grant of planning permission for a wind farm on neighbouring land. Amongst other things he said that the information required by the order to be placed with the application had not been provided. Held: This application was refused for delay. The need for expedition is of particular importance … Continue reading Finn-Kelcey v Milton Keynes Council: Admn 17 Jul 2008

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Champion v North Norfolk District Council and Another: Admn 7 May 2013

The claimant challenged the grant of planning permission for the erection of silos for the storage of barley. He said that the development might adversely impact on a nearby Site of Special Scientific Interest. Held: The judicial review succeeded. The planning committee would have been entitled on the material before them in 2011 rationally to … Continue reading Champion v North Norfolk District Council and Another: Admn 7 May 2013

HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another: SC 22 Jan 2014

The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .