Gilbert, R (On the Application Of) v Secretary of State for Communities And Local Government & Anor [2014] EWHC 1952 (Admin) (09 April 2014)

Gilbert, R (On the Application Of) v Secretary of State for Communities And Local Government & Anor [2014] EWHC 1952 (Admin) (09 April 2014)

The Secretary of State's Screening Direction was lawful. The decision-maker considered the relevant information, including the effectiveness of noise controls and cumulative effects, and gave adequate reasons. The limited breaches of noise conditions did not indicate likely significant environmental effects. The claim was dismissed.

Citation
[2014] EWHC 1952 (Admin)
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 / Final Judgment in the Administrative Court, Including Costs and Permission to Appeal
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment (eia), Planning Permission, Noise Control, Judicial Review, Screening Direction, Cumulative Environmental Effects, Precautionary Principle
Planning Law Environmental Law Administrative Law Environmental Impact Assessment (eia) Planning Permission Noise Control Judicial Review Screening Direction +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 / Final Judgment in the Administrative Court, Including Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the Secretary of State's Screening Direction under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 was lawful
  2. 2 Whether the cumulative effects and effectiveness of noise control measures were properly considered
  3. 3 Whether adequate reasons were given for the decision to not require an EIA

Ratio Decidendi

The Secretary of State's Screening Direction was lawful. The decision-maker considered the relevant information, including the effectiveness of noise controls and cumulative effects, and gave adequate reasons. The limited breaches of noise conditions did not indicate likely significant environmental effects. The claim was dismissed.

Court Disposition

Claim dismissed

Orders

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