Save Britain's Heritage, R (on the application of) v Secretary of State for Communities & Local Government & Ors

Save Britain's Heritage, R (on the application of) v Secretary of State for Communities & Local Government & Ors

Demolition of a building, when not part of a wider development project, does not fall within the scope of the EIA Directive and therefore does not require an Environmental Impact Assessment or planning permission under the EIA Regulations. Even if the Directive applied, the proposed demolition does not meet the relevant thresholds for EIA.

Parties
Claimant: SAVE BRITAIN’S HERITAGE; First Defendant: THE SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT; Second Defendant: LANCASTER CITY COUNCIL; Interested Party: MITCHELLS OF LANCASTER (BREWERS) LTD
Jurisdiction
England and Wales
Judgment Date
14 May 2010
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Environmental Impact Assessment, Demolition of Buildings, Town and Country Planning, EU Law Compliance
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Demolition of Buildings Town and Country Planning EU Law Compliance

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Parties

SAVE BRITAIN’S HERITAGE

Claimant

THE SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT

First Defendant

LANCASTER CITY COUNCIL

Second Defendant

MITCHELLS OF LANCASTER (BREWERS) LTD

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether demolition of a building alone requires an Environmental Impact Assessment under the EIA Directive
  2. 2 Whether the Town and Country Planning (Demolition – Description of Buildings) Direction 1995 is unlawful for excluding certain demolitions from planning permission requirements
  3. 3 Whether the demolition of Mitchell’s Brewery required planning permission and EIA

Ratio Decidendi

Demolition of a building, when not part of a wider development project, does not fall within the scope of the EIA Directive and therefore does not require an Environmental Impact Assessment or planning permission under the EIA Regulations. Even if the Directive applied, the proposed demolition does not meet the relevant thresholds for EIA.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Interim injunction to continue until expiry of time for permission to appeal or further order