Bateman, R (on the application of) v South Cambridgeshire District Council & Anor

Bateman, R (on the application of) v South Cambridgeshire District Council & Anor

The screening opinion failed to provide sufficiently clear reasons for concluding that the development was not likely to have significant effects on the environment, thus not complying with the requirements laid down in Mellor; as a result, the grant of planning permission was legally flawed and must be quashed.

Parties
Claimant/appellant: Dr. and Mrs. Bateman; Defendant/respondent: South Cambridgeshire District Council; Interested Party: Camgrain Storage Limited
Jurisdiction
England and Wales
Judgment Date
22 February 2011
Procedural Posture
Judicial Review / Appeal From High Court
Outcome
Claim for judicial review allowed (majority); grant of planning permission quashed.
Legal Topics
Environmental Impact Assessment, Planning Permission, Screening Opinion, Adequacy of Reasons
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Planning Permission Screening Opinion Adequacy of Reasons

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Parties

Dr. and Mrs. Bateman

Claimant/appellant

South Cambridgeshire District Council

Defendant/respondent

Camgrain Storage Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From High Court

Legal Issues

  1. 1 Whether the screening opinion issued by the Council complied with the requirements of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) 1999 Regulations and Council Directive 85/337/EEC
  2. 2 Whether the grant of planning permission was unlawful due to insufficient reasoning in the screening opinion

Ratio Decidendi

The screening opinion failed to provide sufficiently clear reasons for concluding that the development was not likely to have significant effects on the environment, thus not complying with the requirements laid down in Mellor; as a result, the grant of planning permission was legally flawed and must be quashed.

Court Disposition

Claim for judicial review allowed (majority); grant of planning permission quashed.

Orders

  • Grant of planning permission quashed.
  • Fresh screening opinion to be adopted if required.