Save Britain's Heritage, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2010] EWHC 979 (Admin) (14 May 2010)

Save Britain's Heritage, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2010] EWHC 979 (Admin) (14 May 2010)

Demolition of a building, not forming part of a wider project, does not fall within the scope of the EIA Directive. The Demolition Direction is not unlawful for excluding such demolitions from planning permission. Even if the Directive applied, the proposed demolition does not meet the thresholds in the EIA Regulations to require an EIA. The issue is academic on the facts of this case.

Citation
[2010] EWHC 979 (Admin)
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 / Final Judgment
Outcome
Application dismissed
Legal Topics
Environmental Impact Assessment Directive, Town and Country Planning, Demolition Direction, Building Act 1984, Judicial Review, EU Law Compliance
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Directive Town and Country Planning Demolition Direction Building Act 1984 Judicial Review +1 more

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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 / Final Judgment

Legal Issues

  1. 1 Whether demolition of a building, not forming part of a wider project, falls within the scope of the Environmental Impact Assessment Directive (85/337/EEC)
  2. 2 Whether the Town and Country Planning (Demolition – Description of Buildings) Direction 1995 is unlawful for excluding certain demolitions from planning permission requirements contrary to the EIA Directive
  3. 3 Whether planning permission and EIA are required for the demolition of Mitchell's Brewery

Ratio Decidendi

Demolition of a building, not forming part of a wider project, does not fall within the scope of the EIA Directive. The Demolition Direction is not unlawful for excluding such demolitions from planning permission. Even if the Directive applied, the proposed demolition does not meet the thresholds in the EIA Regulations to require an EIA. The issue is academic on the facts of this case.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Permission to appeal refused