Richards LJ considered the language of article 6(3), which ‘focuses on the end result of avoiding damage to an SPA and the carrying out of an AA for that purpose’. He noted the difference in Sweetman between the Advocate General’s formulation, but found no support in the court’s judgment for the contention that ‘there must be a screening assessment at an early stage in the decision-making process’: ‘In none of this material do I see even an obligation to carry out a screening assessment, let alone any rule as to when it should be carried out. If it is not obvious whether a plan or project is likely to have a significant effect on an SPA, it may be necessary in practice to carry out a screening assessment in order to ensure that the substantive requirements of the Directive are ultimately met. It may be prudent, and likely to reduce delay, to carry one out [at] an early stage of the decision-making process. There is, however, no obligation to do so.’
Richards LJ
[2015] EWCA Civ 88
Bailii
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 28 December 2021; Ref: scu.543273