Larkfleet Ltd, R (on the application of) v South Kesteven District Council & Anor [2015] EWCA Civ 887 (06 August 2015)

The link road is a distinct project for EIA purposes, justified by independent planning needs, and the Environmental Statement adequately assessed cumulative effects given the information available; the planning authority's evaluative judgment was lawful and rational.

Citation: [2015] EWCA Civ 887
Parties: Claimant/appellant: Larkfleet Limited; Defendant/respondent: South Kesteven District Council; Interested Party: Lincolnshire County Council
Jurisdiction: England and Wales
Judgment Date: 06 August 2015
Procedural Posture: Judicial Review Appeal / Court of Appeal (civil Division)
Outcome: Appeal dismissed
Legal Topics: Environmental Impact Assessment, Planning Permission, Cumulative Effects, Project Classification

Planning Law Environmental Law Administrative Law Environmental Impact Assessment Planning Permission Cumulative Effects Project Classification

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Parties

Larkfleet Limited

Claimant/appellant

South Kesteven District Council

Defendant/respondent

Lincolnshire County Council

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

1 Whether the link road and residential site constitute a single 'project' for EIA purposes
2 Adequacy of cumulative effects assessment in the Environmental Statement

Ratio Decidendi

Court Disposition

Appeal dismissed