Gilbert, R (On the Application Of) v Secretary of State for Communities And Local Government & Anor

Gilbert, R (On the Application Of) v Secretary of State for Communities And Local Government & Anor

The Secretary of State lawfully concluded that the proposed development was not likely to have significant effects on the environment, having considered the available evidence, the effectiveness of noise controls, and cumulative impacts. The reasons given were adequate and met the legal requirements. The claim was dismissed.

Parties
Claimant: Philip Gilbert; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Harborough District Council; Interested Party: C Walton Limited
Jurisdiction
England and Wales
Judgment Date
09 April 2014
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Planning Permission, Noise Control, Judicial Review, Screening Direction, Cumulative Environmental Effects
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Planning Permission Noise Control Judicial Review Screening Direction +1 more

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Parties

Philip Gilbert

Claimant

Secretary of State for Communities and Local Government

First Defendant

Harborough District Council

Second Defendant

C Walton Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Secretary of State's Screening Direction lawfully excluded the need for an Environmental Impact Assessment (EIA) for permanent planning permission at Bruntingthorpe Proving Ground
  2. 2 Whether the cumulative effects and effectiveness of noise control measures were lawfully considered
  3. 3 Whether adequate reasons were given for the Screening Direction

Ratio Decidendi

The Secretary of State lawfully concluded that the proposed development was not likely to have significant effects on the environment, having considered the available evidence, the effectiveness of noise controls, and cumulative impacts. The reasons given were adequate and met the legal requirements. The claim was dismissed.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay Secretary of State's costs in the sum of £5,000, subject to the cost capping order
  • Permission to appeal refused