Friends of Basildon Golf Course v Basildon District Council & Anor

Friends of Basildon Golf Course v Basildon District Council & Anor

The Defendant's screening opinion lawfully considered all phases of the proposed development and rationally concluded that an EIA was not required. The Defendant was entitled to determine it was the appropriate planning authority, and there was no statutory duty to consult Essex County Council or consider waste policies in the SDP, given the main purpose of the application was golf course improvement. No unlawful conduct was established.

Parties
Claimant: The Friends of Basildon Golf Course; Defendant: Basildon District Council; Interested Party: Basildon Golf Centre Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Planning Permission, Judicial Review, Waste Management, Local Government Powers
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Planning Permission Judicial Review Waste Management Local Government Powers

Case Brief

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Parties

The Friends of Basildon Golf Course

Claimant

Basildon District Council

Defendant

Basildon Golf Centre Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Defendant lawfully determined that an Environmental Impact Assessment (EIA) was not required for the proposed development.
  2. 2 Whether the Defendant failed to consult Essex County Council and consider relevant waste policies, rendering the planning permission unlawful.
  3. 3 Whether the Defendant properly considered if the application should have been determined by the county planning authority.

Ratio Decidendi

The Defendant's screening opinion lawfully considered all phases of the proposed development and rationally concluded that an EIA was not required. The Defendant was entitled to determine it was the appropriate planning authority, and there was no statutory duty to consult Essex County Council or consider waste policies in the SDP, given the main purpose of the application was golf course improvement. No unlawful conduct was established.

Court Disposition

Claim dismissed