Source: All England Reporter
Publisher Citation: [2013] All ER (D) 138 (Apr)
Neutral Citation: [2013] EWCA Civ 228
Court: Court of Appeal, Civil Division
Judge:

Pill, Davis LLJ and Warren J

Representation Justine Thornton and Zack Simons (instructed by Richard Buxton, Cambridge) for the appellant.
  John Hobson QC and Ned Helme (instructed by Breckland District Council) for the authority.
  Alex Goodman (instructed by Metcalfe Copeman and Pettefar) for the interested party.
Judgment Dates: 19 April 2013

Catchwords

Town and Country Planning - Planning permission - Judicial review of grant of planning permission - Defendant local authority granting interested party planning permission - Claiamnt applying for judicial review - Claimant appealing - Whether judge erring - Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999,

The Case

Town and Country Planning Planning permission. The defendant local authority granted the interested party two planning permissions for a biomass renewable energy plant and a combined heat and power plant. The claimant applied for judicial review on the basis that a further screening opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, should have been carried out. The Court of Appeal, Civil Division dismissed the claimant's appeal against the judge's decision to dismiss her application. There was no reason to interfere with the judge's findings, which had been properly open to him in the circumstances of the instant case.

Practice Areas

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