Source: All England Reporter
Publisher Citation: [2009] All ER (D) 92 (Mar)
Neutral Citation: [2009] EWHC 66 (Admin)
Court: Queen's Bench Division, Administrative Court

Wyn Williams J

Representation Jeremy Pike (instructed by Tilbrook's Solicitors, Essex) for the claimant.
  Galina Ward (instructed by Chris Norrington) for the authority.
  The interested party did not appear and was not represented.
Judgment Dates: 23 January 2009


Town and country planning - Permission for development - Environmental impact assessment development - Development being proposed in respect of golf course owned by local planning authority but on lease to interested party - Authority granting conditional planning permission having considered opinion by relevant officer that environmental impact assessment not required for development - Claimant challenging grant of permission - Whether authority erring in approach to question of whether assessment required - Whether permission unlawful on other grounds.

The Case

Town and country planning Permission for development. Queen's Bench Division, Administrative Court: The court ruled, in a judicial review claim, that the local authority's decision to grant conditional planning permission to the interested party to develop a golf course on a site owned by the former, but leased to the latter, was to be upheld. The claimant's various grounds of challenge were all unsuccessful.

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