Bowen-West v Secretary of State for Communities and Local Government & Ors [2012] EWCA Civ 321 (18 January 2012)

Bowen-West v Secretary of State for Communities and Local Government & Ors [2012] EWCA Civ 321 (18 January 2012)

The July 2009 application constituted a stand-alone project, and there was insufficient detail about future proposals to require assessment of cumulative effects. The Secretary of State's factual judgment was not impeachable on any legal ground, and the conventional Wednesbury standard of review applied.

Citation
[2012] EWCA Civ 321
Parties
Appellant: Bowen-West; 1st Respondent: Secretary of State for Communities and Local Government; 2nd Respondent: Northamptonshire County Council; 3rd Respondent: Augean PLC
Jurisdiction
England and Wales
Judgment Date
18 January 2012
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Town and Country Planning, Judicial Review, European Union Law
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Town and Country Planning Judicial Review European Union Law

Case Brief

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Parties

Bowen-West

Appellant

Secretary of State for Communities and Local Government

1st Respondent

Northamptonshire County Council

2nd Respondent

Augean PLC

3rd Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Secretary of State was required to assess cumulative effects of a larger scheme in the Environmental Impact Assessment for the July 2009 application
  2. 2 Whether the conventional Wednesbury standard of review applies or a more intensive EU law standard is required

Ratio Decidendi

The July 2009 application constituted a stand-alone project, and there was insufficient detail about future proposals to require assessment of cumulative effects. The Secretary of State's factual judgment was not impeachable on any legal ground, and the conventional Wednesbury standard of review applied.

Court Disposition

Appeal dismissed

Orders

  • No reference to the Court of Justice
  • Appeal dismissed