Evans v First Secretary of State & Ors [2003] EWHC 411 (Admin) (06 March 2003)

Evans v First Secretary of State & Ors [2003] EWHC 411 (Admin) (06 March 2003)

Where a valid screening direction has been made by the Secretary of State that a development is not EIA development, that direction is conclusive and the Inspector is not required or permitted to reconsider the EIA question; the claimant's challenge is misconceived and bound to fail.

Citation
[2003] EWHC 411 (Admin)
Parties
Claimant: Steven Evans; First Defendant: First Secretary of State; Second Defendant: The London Metropolitan University; Third Defendant: The London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
06 March 2003
Procedural Posture
Administrative Judicial Review (planning) / Summary Judgment Application by Second Defendant
Outcome
Summary judgment for the second defendant (London Metropolitan University); claim dismissed.
Legal Topics
Environmental Impact Assessment, Planning Permission, Judicial Review, Summary Judgment
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Planning Permission Judicial Review Summary Judgment

Case Brief

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Parties

Steven Evans

Claimant

First Secretary of State

First Defendant

The London Metropolitan University

Second Defendant

The London Borough of Islington

Third Defendant

Procedural Posture

Administrative Judicial Review (planning) / Summary Judgment Application by Second Defendant

Legal Issues

  1. 1 Whether the Inspector erred in law by failing to consider or require an Environmental Impact Assessment (EIA) before granting planning permission for the development.
  2. 2 Whether the Inspector was required under Regulation 9(2) of the 1999 Regulations to refer the EIA question to the Secretary of State.

Ratio Decidendi

Where a valid screening direction has been made by the Secretary of State that a development is not EIA development, that direction is conclusive and the Inspector is not required or permitted to reconsider the EIA question; the claimant's challenge is misconceived and bound to fail.

Court Disposition

Summary judgment for the second defendant (London Metropolitan University); claim dismissed.

Orders

  • Summary judgment entered for the University under CPR Part 24.
  • Claimant's application dismissed.