Roskilly, R (On the Application Of) v Cornwall Council And Others

Roskilly, R (On the Application Of) v Cornwall Council And Others

The grant of planning permission was unlawful because the Secretary of State's positive screening direction conclusively determined that the development required an environmental impact assessment, which had not been provided, rendering the permission invalid under Regulation 3(4) of the 2011 Regulations.

Parties
Claimant: Silke Roskilly; Defendant: Cornwall Council; Interested Party: Cemex UK Materials Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed
Legal Topics
Environmental Impact Assessment, Planning Permission, Sensitive Areas, Delay in Judicial Review
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Planning Permission Sensitive Areas Delay in Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Silke Roskilly

Claimant

Cornwall Council

Defendant

Cemex UK Materials Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether planning permission granted without an environmental impact assessment is unlawful under Regulation 3(4) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011
  2. 2 Whether the planning authority acted irrationally by granting permission before the Secretary of State's screening direction
  3. 3 Whether delay in bringing the claim should bar relief

Ratio Decidendi

The grant of planning permission was unlawful because the Secretary of State's positive screening direction conclusively determined that the development required an environmental impact assessment, which had not been provided, rendering the permission invalid under Regulation 3(4) of the 2011 Regulations.

Court Disposition

Decision quashed

Orders

  • The defendant's decision to grant planning permission is quashed.
  • Time for bringing proceedings is extended due to reasonable delay.