Burridge v Breckland District Council [2012] EWHC 1102 (Admin) (26 April 2012)

The Council was not required to undertake further screening opinions for either application because 0445 was not Schedule 2 development, cumulative effects did not trigger a combined screening obligation, digestate and noise impacts were adequately considered, and no material unlawfulness or error was demonstrated.

Citation: [2012] EWHC 1102 (Admin)
Parties: Claimant: Barbara Burridge; Defendant: Breckland District Council; Interested Party: Greenshoots Energy Ltd
Jurisdiction: England and Wales
Judgment Date: 26 April 2012
Procedural Posture: Judicial Review / Final Judgment After Rolled Up Hearing
Outcome: Claim dismissed
Legal Topics: Environmental Impact Assessment, Planning Permission, Judicial Review, Screening Opinion, Noise Assessment

Administrative Law Planning Law Environmental Law Environmental Impact Assessment Planning Permission Judicial Review Screening Opinion Noise Assessment

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 6 Party arguments 2

Parties

Barbara Burridge

Claimant

Breckland District Council

Defendant

Greenshoots Energy Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

1 Whether Breckland District Council was required to undertake further screening opinions under Regulation 7 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 for amended and related planning applications
2 Whether the Council failed to consider environmental effects of digestate by-product
3 Whether the Council failed to adequately assess noise impacts after amendment to planning application

Ratio Decidendi

Court Disposition

Claim dismissed