Regina v St Edmundsbury Borough Council (ex parte Walton): Admn 13 Apr 1999

The power to judge whether an application for planning permission would have substantial environmental effect was not capable of being exercised by an officer of the Council without an express delegation of that power. The decision as to whether there should be an environmental statement was an important one, and that if an authority wished to delegate the decision to an officer, it had to do so formally and could not rely on some general practice alone.


Hooper J


Times 05-May-1999, [1999] JPL 805, [1999] EWHC Admin 298



Cited by:

CitedYounger 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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment, Local Government

Updated: 28 May 2022; Ref: scu.139562