Source: All England Reporter
Publisher Citation: [2011] All ER (D) 226 (Feb)
Neutral Citation: [2011] EWCA Civ 157
Court: Court of Appeal, Civil Division
Judge:

Mummery, Moore-Bick and Jackson LJJ
Representation Richard Drabble QC and Sasha Blackmore (instructed by Richard Buxton) for the claimants.
  Meyric Lewis (instructed by Fiona McMillan) for the authority.
  Robert McCracken QC (instructed by Kester Cunningham John) for Camgrain.
Judgment Dates: 22 February 2011

Catchwords

Town and country planning - Permission for development - Development consent - Environmental impact assessment - Interested party applying for planning permission - Local planning authority finding environmental impact assessment not required - Authority granting planning permission to interested party - Claimants challenging decision by way of judicial review - Administrative Court directing claim should be retained in Court of Appeal - Whether authority giving sufficient reasons for decision - Town and Country Planning (Environmental Impact Assessment) (England and Wales) 1999 Regulations, SI 1999/293, Sch 3.

The Case

Town and country planning Permission for development. The Court of Appeal, Civil Division, allowed a claim for judicial review, directed to be retained in the Court of Appeal by the Administrative Court, on the basis that the local authority planning officer had not made the reasons for her conclusion sufficiently clear. Accordingly, the grant of planning permission for a proposed development would be quashed.

Practice Areas

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