Larkfleet Ltd, R (on the application of) v South Kesteven District Council & Anor

Larkfleet Ltd, R (on the application of) v South Kesteven District Council & Anor

The link road is a distinct project for EIA purposes, not part of a combined urban development project with the residential site; the Environmental Statement adequately assessed cumulative effects as far as reasonably possible given uncertainties about the residential site.

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 From High Court Judgment
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 From High Court Judgment

Legal Issues

  1. 1 Whether the link road and residential site constitute a single project for EIA purposes
  2. 2 Whether the Environmental Statement adequately assessed cumulative effects

Ratio Decidendi

The link road is a distinct project for EIA purposes, not part of a combined urban development project with the residential site; the Environmental Statement adequately assessed cumulative effects as far as reasonably possible given uncertainties about the residential site.

Court Disposition

Appeal dismissed