Roskilly, R (On the Application Of) v Cornwall Council And Others [2015] EWHC 3711 (Admin) (18 December 2015)

Roskilly, R (On the Application Of) v Cornwall Council And Others [2015] EWHC 3711 (Admin) (18 December 2015)

The grant of planning permission was unlawful because, following the Secretary of State's positive screening direction, the development was conclusively determined to be environmental impact assessment development under the 2011 Regulations. Regulation 3(4) prohibits the grant of permission for such development without consideration of environmental information. The planning authority's failure to await the outcome of the screening direction before granting permission rendered the decision unlawful. The subsequent screening direction infected the permission with illegality, requiring it to be quashed.

Citation
[2015] EWHC 3711 (Admin)
Parties
Claimant: Silke Roskilly; Defendant: Cornwall Council and Others; Interested Party: Tidal Lagoon Swansea Bay PLC (First Interested Party)
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed. Decision to grant planning permission quashed.
Legal Topics
Environmental Impact Assessment, Planning Permission, Judicial Review, Sensitive Areas, AONB (area of Outstanding Natural Beauty), Screening Direction, Delay in Judicial Review
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Planning Permission Judicial Review Sensitive Areas AONB (area of Outstanding Natural Beauty) +2 more

Case Brief

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Parties

Silke Roskilly

Claimant

Cornwall Council and Others

Defendant

Tidal Lagoon Swansea Bay PLC (First Interested Party)

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the grant of planning permission without an environmental impact assessment was unlawful under the 2011 Regulations after a positive screening direction by the Secretary of State.
  2. 2 Whether the planning authority acted unreasonably in granting permission before the Secretary of State's screening direction was issued.
  3. 3 Whether the development constituted 'major development' in an AONB requiring exceptional circumstances under the National Planning Policy Framework.

Ratio Decidendi

The grant of planning permission was unlawful because, following the Secretary of State's positive screening direction, the development was conclusively determined to be environmental impact assessment development under the 2011 Regulations. Regulation 3(4) prohibits the grant of permission for such development without consideration of environmental information. The planning authority's failure to await the outcome of the screening direction before granting permission rendered the decision unlawful. The subsequent screening direction infected the permission with illegality, requiring it to be quashed.

Court Disposition

Claim allowed. Decision to grant planning permission quashed.

Orders

  • The defendant's decision to grant planning permission is quashed.
  • Time for bringing the claim is extended.