Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to make the statement to say what had been considered.
Held: At the outline application stage, the plan had to provide sufficient information as to its environmental impact, but for the authority to judge whether it had received sufficient information. Though that assessment was subject to judicial review, it was a question of fact and degree. The challenge amounted to a claim in effect that almost nothing could be reserved, and was dismissed. The failure to make the statement was real but not substantial.
Mr Justice Newman
Gazette 29-May-2003,  EWHC 1031 (Admin)
Cited – Smith v Secretary of State for the Environment, Transport and Regions and others CA 5-Mar-2003
The court distilled four principles in deciding whether an environmental impact assessment was to be required. At the outline consent stage the planning authority must have sufficient details of any impact on the environment and of any mitigation to . .
Cited – Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner Admn 7-May-1999
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment.
Held: The failure to give the floor area was not critical, but even at this stage the ommission of . .
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Cited – Jones, Regina (on the Application of) v Mansfield District Council and Another CA 16-Oct-2003
Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one.
Held: The judge had explained the . .
Lists of cited by and citing cases may be incomplete.
Planning, Judicial Review
Updated: 07 June 2022; Ref: scu.185327