Source: All England Reporter
Publisher Citation: [2012] All ER (D) 08 (Apr)
Neutral Citation: [2012] EWHC 855 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Lindblom J
Representation Pater Village QC and David Loveday (instructed by Lawrence Graham LLP) for the claimants.
  Robin Purchas QC and Saira Kabir Sheikh (instructed by Legal Services Department, London Borough of Southwark) for the authority.
  Jonathan Moffett (instructed by the Treasury Solicitor) for the Secretary of State.
  Neil Cameron QC (instructed by Nabbarro LLP) for the interested parties.
Judgment Dates: 30 March 2012

Catchwords

Town and country planning - Development consent - Environmental impact assessment - Claimants applying for judicial review, inter alia, of Secretary of State's 'refusal' to exercise discretion to direct that development should be subject to an environmental impact assessment - Whether Secretary of State erring - Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, .

The Case

Town and country planning Development consent. The Administrative Court, held that there had been no effective request, or application, to the Secretary of State to exercise his power under reg4(8) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, and that the first defendant local planning authority's decision to grant planning permission had been lawfully reached. However, a mandatory order would be granted requiring the reasons in the authority's decision notice to be amended.

Practice Areas

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