Source: All England Reporter
Publisher Citation: [2011] All ER (D) 196 (Nov)
Neutral Citation: [2011] EWHC 2761 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Collins J

Representation David Wolfe (instructed by Leigh Day) for the claimant.
  Hereward Phillpot (instructed by the Treasury Solicitor) for the Secretary of State.
  Mark Westmoreland Smith (instructed by Bond Pearce) for the second defendant.
  The third and fourth defendants did not appear and were not represented.
Judgment Dates: 13 October 2011


Planning - Town and country planning - Development - Permission - Planning permission being sought in special area of conservation - No appropriate assessment being ordered by the Environment Agency - Permit being granted by the defendant Environment Agency - Evidence being produced to challenge Environment Agency's decision that no appropriate assessment necessary - Evidence not being considered by the planning inspector - Planning permission being granted by the defendant Secretary of State - Whether Secretary of State erring in granting planning permission - Habitats and Species Regulations 2010, .

The Case

Planning Town and country planning. The Administrative Court, in granting an application, pursuant to s288 of the for an order quashing the defendant Secretary of State's decision to grant planning permission, held that the Secretary of State had erred in not considering whether an appropriate assessment should have been conducted.

Practice Areas

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