Swire v Ashford Borough Council

Swire v Ashford Borough Council

The planning authority was not required to reconsider its negative screening opinion as there was no material change in circumstances or new information that would have led a reasonable officer to a different conclusion. The development did not fall within the additional Schedule 2 categories, and the failure to...

Source-derived case information.

Parties
Claimant: Camilla Swire; Defendant: Ashford Borough Council; Interested Party: Patrick McGrath
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Environmental Impact Assessment (eia), Planning Permission, Screening Opinion, Town and Country Planning (environmental Impact Assessment) Regulations, Major Development in AONB
Administrative Law Environmental Law Planning Law Judicial Review Environmental Impact Assessment (eia) Planning Permission Screening Opinion Town and Country Planning (environmental Impact Assessment) Regulations +1 more

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Summary, issues, holding and outcome

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Parties

Camilla Swire

Claimant

Ashford Borough Council

Defendant

Patrick McGrath

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the local planning authority was required to reconsider its negative screening opinion for EIA in light of new information and representations before granting planning permission
  2. 2 Whether the development fell within the correct Schedule 2 category under the EIA Regulations
  3. 3 Whether the authority failed to consider positive environmental effects as part of the EIA screening

Ratio Decidendi

The planning authority was not required to reconsider its negative screening opinion as there was no material change in circumstances or new information that would have led a reasonable officer to a different conclusion. The development did not fall within the additional Schedule 2 categories, and the failure to consider positive effects did not affect the outcome as they were not significant in the EIA context. The grant of planning permission was lawful.

Court Disposition

Claim dismissed