Source: All England Reporter
Publisher Citation: [2009] All ER (D) 111 (Apr)
Neutral Citation: [2009] EWHC 745 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Judge Mole QC sitting as a deputy judge of the High Court
Representation Robert McCracken QC, James Pereira and Gregory Jones (instructed by DLA Piper UK LLP) for the claimant.
  Vincent Fraser QC, Ian Ponter and Robin Green (instructed by Denton Wilde Sapte LLP) for the first defendant and (instructed by Hammonds LLP) for the second defendant.
  Neil King QC and Reuben Taylor (instructed by CMS Cameron McKenna LLP) for the interested party.
Judgment Dates: 8 April 2009

Catchwords

Town and country planning - Development - Environmental impact assessment development - Interested party developing and then commencing operations on site without planning permission - Environmental impact assessment not being provided in respect of development - Local authorities deciding not to issue enforcement notice - Secretary of State directing authorities not to grant retrospective permission without express authorisation - Claimant applying to High Court seeking various orders - Whether enforcement notice ought to be issued against interested party - Whether order to be made prohibiting grant of retrospective permission or declaration that such grant would be unlawful - s 171B - Council Directive (EEC) 85/337.

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