ZEB v Birmingham District Council & Anor
The defendant's screening opinion was not arguably perverse, did not fail to take account of relevant considerations, and properly applied the legal test; no arguable ground for judicial review was raised.
- Parties
- Claimant: ZEB; Defendant: Birmingham District Council; Interested Party: Warwickshire County Council
- Jurisdiction
- England and Wales
- Judgment Date
- 16 December 2009
- Procedural Posture
- Judicial Review / Permission Application
- Outcome
- Application refused
- Legal Topics
- Environmental Impact Assessment, Planning Permission, Judicial Review, Standing, Delay, Public Law Error
Case Brief
Summary, issues, holding and outcome
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Parties
ZEB
Claimant
Birmingham District Council
Defendant
Warwickshire County Council
Interested Party
Procedural Posture
Judicial Review / Permission Application
Legal Issues
- 1 Whether the defendant's screening opinion that the development was not likely to have significant environmental effects was a public law error
- 2 Whether the screening opinion failed to make findings as to significant environmental effects and whether sufficient information was available
- 3 Whether the screening opinion erred in its treatment of floodlighting and its impact
Ratio Decidendi
The defendant's screening opinion was not arguably perverse, did not fail to take account of relevant considerations, and properly applied the legal test; no arguable ground for judicial review was raised.
Court Disposition
Application refused
Orders
- Defendant entitled to costs of acknowledgment of service, to be determined by written submissions.
- Legal aid taxation ordered for claimant's costs.
Full Case Text
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