Lyon, R (on the application of) v Cambridge City Council & Anor

Lyon, R (on the application of) v Cambridge City Council & Anor

The Defendant's decision to grant planning permission without an Environmental Impact Assessment was lawful as the development was not an urban development project, did not exceed the threshold area, and was not likely to have significant environmental effects. There was no misrepresentation regarding pitch loss, intensification and access issues were properly considered, the Travel Plan condition was lawfully imposed, and the claim did not disclose arguable grounds for Judicial Review.

Parties
Claimant: Richard Lyon; Defendant: Cambridge City Council; Interested Party: Hills Road Sixth Form College
Jurisdiction
England and Wales
Judgment Date
05 October 2012
Procedural Posture
Judicial Review / Permission and Strike Out Applications
Outcome
Application for permission to apply for Judicial Review dismissed; application to strike out refused.
Legal Topics
Environmental Impact Assessment, Planning Permission, Procedural Fairness, Judicial Review, Planning Conditions
Planning Law Administrative Law Environmental Impact Assessment Planning Permission Procedural Fairness Judicial Review Planning Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Lyon

Claimant

Cambridge City Council

Defendant

Hills Road Sixth Form College

Interested Party

Procedural Posture

Judicial Review / Permission and Strike Out Applications

Legal Issues

  1. 1 Whether the proposed development required an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011
  2. 2 Whether there was a loss of sports pitches and misrepresentation to Sport England
  3. 3 Whether the Defendant failed to consider intensification of use and access issues

Ratio Decidendi

The Defendant's decision to grant planning permission without an Environmental Impact Assessment was lawful as the development was not an urban development project, did not exceed the threshold area, and was not likely to have significant environmental effects. There was no misrepresentation regarding pitch loss, intensification and access issues were properly considered, the Travel Plan condition was lawfully imposed, and the claim did not disclose arguable grounds for Judicial Review.

Court Disposition

Application for permission to apply for Judicial Review dismissed; application to strike out refused.

Orders

  • Permission to apply for Judicial Review is refused.
  • Application to strike out the claim is refused.