Source: All England Reporter
Publisher Citation: [2014] All ER (D) 140 (Jan)
Neutral Citation: [2014] EWHC 51 (Admin)
Court: Queen's Bench Division, Administrative Court
Judge:

Judge Mackie QC

Representation James Maurici QC (instructed by Dechert LLP) for the claimant.
  Stephen Hockman QC and Megan Thomas (instructed by Maidstone Borough Council) for the authority.
Judgment Dates: 22 January 2014

Catchwords

Town and country planning - Permission for development - Environmental impact assessment - Retrospective planning permission - Whether defendant local authority unlawfully failing to consider whether there were exceptional circumstances justifying the grant of retrospective permission for an Environmental Impact Assessment (EIA) development - Whether authority unlawfully failing to have regard to groundwater flooding within EIA process.

The Case

Town and country planning Permission for development. The Administrative Court allowed the claimant's application for judicial review of the defendant local authority's decision to grant retrospective planning permission for the extension of a fish farm to form an area of recreational fishing. The authority had unlawfully failed to consider whether there were exceptional circumstances justifying the grant of retrospective permission for an Environmental Impact Assessment (EIA) development. Further, the authority had unlawfully failed to have regard to an issue of groundwater flooding within the EIA process.

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