Source: All England Reporter
Publisher Citation: [2011] All ER (D) 188 (Jan)
Neutral Citation: [2011] EWCA Civ 20
Court: Court of Appeal, Civil Division
Judge:

Rix, Smith and Richards LJJ
Representation James Pereira (instructed by Richard Buxton Environmental and Public Law) for the claimant.
  Richard Kimblin (instructed by Herefordshire Council) for the authority.
  Timothy Straker QC (instructed by National Farmers' Union) for the intervener.
Judgment Dates: 26 January 2011

Catchwords

 Town and country planning - Development - Development consent - Environmental impact assessment - Use of semi-natural areas for intensive agricultural purposes - Interested party applying for consent to use polytunnels on its farm for purposes of stimulating cultivation of soft fruit - Defendant local authority deciding that no environmental impact assessment required and granting consent - Claimant complaining about decision - Judge holding authority erring in law in deciding that no environmental impact assessment required - Judge quashing planning permission - Whether judge erring - Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, SI 1999/293, Sch 2.

The Case

Town and country planning Development. The Court of Appeal, Civil Division, allowed the appeal of the defendant local authority against the decision of the judge to quash the planning permission granted to the interested party for the use of polytunnels (a recognised form of 'development') at its farm, which was located within an area of outstanding natural beauty.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases