Horner v Lancashire County Council & Anor [2006] EWCA Civ 1584 (30 October 2006)

Permission to appeal is granted on the issue of interpretation of paragraph 13(a) of schedule 2, due to potential anomalies and sufficient grounds for further consideration.

Citation: [2006] EWCA Civ 1584
Parties: Claimant/applicant: Horner; Defendant/respondent: Lancashire County Council & Anr
Jurisdiction: England and Wales
Judgment Date: 30 October 2006
Procedural Posture: Judicial Review / Application for Permission to Appeal (oral Renewal)
Outcome: permission to appeal granted
Legal Topics: Environmental Impact Assessment, Interpretation of Planning Regulations

Administrative Law Environmental Law Environmental Impact Assessment Interpretation of Planning Regulations

Case Brief

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Parties

Horner

Claimant/applicant

Lancashire County Council & Anr

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal (oral Renewal)

Legal Issues

1 Whether an Environmental Impact Assessment is required for a proposed extension to a cement works under paragraph 13(a) of schedule 2 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

Ratio Decidendi

Permission to appeal is granted on the issue of interpretation of paragraph 13(a) of schedule 2, due to potential anomalies and sufficient grounds for further consideration.

Court Disposition

permission to appeal granted

Orders

Permission to appeal granted on the issue relating to interpretation of paragraph 13(a) of schedule 2.