Source: All England Reporter
Publisher Citation: [2010] All ER (D) 181 (May)
Neutral Citation: [2010] EWCA Civ 523
Court: Court of Appeal, Civil Division
Judge:

Jacob, Sullivan LJJ and Sir Mark Waller

Representation Gregory Jones and Jeremy Pike (instructed by Dickinson Dees LLP) for the claimant.
  Timothy Mould QC and James Pereira (instructed by the Assistant Director (Governance) Carlisle City Council) for the defendant.
  Peter Village QC and James Strachan (instructed by Macfarlanes LLP) for the interested party.
Judgment Dates: 19 May 2010

Catchwords

Town and country planning - Development - Permission - Application for planning permission by interested party for development at airport - Defendant local authority's planning committee authorising planning permission for proposed development - Claimant applying for judicial review of decision - Judge refusing permission - Whether judge erring - Whether authority failing to comply with relevant regulations - Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, SI 1999/293.

The Case

Town and country planning Development. The Court of Appeal, Civil Division, found that the judge had been wrong to refuse relief by way of judicial review where the grant of planning permission, for a development at Carlisle Lake District Airport, had been unlawful because there had been a failure to comply with reg3(2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, SI1999-293.

Practice Areas

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