Preston, R (On the Application Of) v Cumbria County Council

Preston, R (On the Application Of) v Cumbria County Council

The Defendant's grant of planning permission was unlawful because it failed to conduct a required screening opinion under the EIA Regulations 2017 for Schedule 2 development in a sensitive area, and failed to carry out an appropriate assessment under the Habitats Regulations 2017 regarding the operational effects of the discharge from the temporary outfall. The involvement of the Environment Agency did not remove the Defendant's statutory obligations.

Parties
Claimant: Christopher Preston; Defendant: Cumbria County Council; Interested Party: United Utilities Water
Jurisdiction
England and Wales
Judgment Date
31 May 2019
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; planning permission quashed
Legal Topics
Environmental Impact Assessment, Habitats Regulations, Planning Permission, Judicial Review, Appropriate Assessment
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Habitats Regulations Planning Permission Judicial Review Appropriate 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 16 Party arguments 2
Sign in to unlock

Parties

Christopher Preston

Claimant

Cumbria County Council

Defendant

United Utilities Water

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant's grant of planning permission was unlawful for failure to conduct a screening opinion under the EIA Regulations 2017
  2. 2 Whether the Defendant failed to carry out an appropriate assessment under the Habitats Regulations 2017

Ratio Decidendi

The Defendant's grant of planning permission was unlawful because it failed to conduct a required screening opinion under the EIA Regulations 2017 for Schedule 2 development in a sensitive area, and failed to carry out an appropriate assessment under the Habitats Regulations 2017 regarding the operational effects of the discharge from the temporary outfall. The involvement of the Environment Agency did not remove the Defendant's statutory obligations.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • The planning permission granted on 17 October 2018 is quashed.