Younger Homes (Northern) Ltd v First Secretary of State & Anor [2003] EWHC 3058 (Admin) (26 November 2003)

Younger Homes (Northern) Ltd v First Secretary of State & Anor [2003] EWHC 3058 (Admin) (26 November 2003)

The screening opinion issued by Calderdale MBC was lawful and validly authorised. Sufficient information was available for the screening opinion, and traffic and contamination were properly considered. The First Secretary of State was entitled to rely on the screening opinion and was not required to make a screening direction. The planning permission was not granted in contravention of the EIA Regulations.

Citation
[2003] EWHC 3058 (Admin)
Parties
Claimant: Younger Homes (Northern) Ltd; 1st Defendant: First Secretary of State; 2nd Defendant: Calderdale Metropolitan District Council
Jurisdiction
England and Wales
Judgment Date
26 November 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Delegation of Authority, Screening Opinion, Planning Permission, Contamination, Traffic Impact, Procedural Validity
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Delegation of Authority Screening Opinion Planning Permission Contamination +2 more

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Parties

Younger Homes (Northern) Ltd

Claimant

First Secretary of State

1st Defendant

Calderdale Metropolitan District Council

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the screening opinion issued by Calderdale MBC was lawful and valid under the Town and Country Planning (Environmental Impact Assessment) Regulations 1999
  2. 2 Whether the First Secretary of State was required to make a screening direction
  3. 3 Whether the planning permission was granted in contravention of statutory requirements for EIA

Ratio Decidendi

The screening opinion issued by Calderdale MBC was lawful and validly authorised. Sufficient information was available for the screening opinion, and traffic and contamination were properly considered. The First Secretary of State was entitled to rely on the screening opinion and was not required to make a screening direction. The planning permission was not granted in contravention of the EIA Regulations.

Court Disposition

Claim dismissed

Orders

  • No order to quash planning permission
  • No reopening of inquiry