The local planning authority adopted a screening opinion that proposed development was not development requiring an EIA under the 1999 Regulations. About a year later it granted planning permission for the proposed development. Local residents challenged the legality of the planning permission. It was open to a planning authority to reconsider the need for an environmental impact assessment and if necessary to change its mind, but it had no duty to reconsider that original opinion when it came to determine the planning application. A screening decision by the Secretary of State was determinative of the need for an assessment, but a positive view of the planning authority was so in the absence a decision otherwise by the Secretary. The authority therefore retained a discretion but no duty, to review the need for an assessment.
Judges:
Richards J
Citations:
Times 15-May-2001, Gazette 07-Jun-2001, [2002] Env LR 10
Statutes:
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199)
Citing:
See Also – Fernback; Berger; Jacobs; Strachan and Wong v London Borough of Harrow Admn 11-Apr-2000
. .
Cited by:
Confirmed – Friends of Basildon Golf Course v Basildon District Council and Another Admn 23-Jan-2009
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment
Updated: 09 April 2022; Ref: scu.85964