Gillespie v Secretary of State & Anor

Gillespie v Secretary of State & Anor

The Secretary of State erred in law by taking remediation measures into account when deciding whether the development was likely to have significant environmental effects; the correct approach was to require an EIA given the contamination and uncertainty, and the decision to grant planning permission without EIA was unlawful.

Parties
Claimant: John Gillespie; Defendant: First Secretary of State; Interested Party: Bellway Urban Renewal Southern
Jurisdiction
England and Wales
Judgment Date
20 January 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed
Legal Topics
Environmental Impact Assessment, Contaminated Land, Planning Permission, Judicial Review, Town and Country Planning Act
Environmental Law Administrative Law Planning Law Environmental Impact Assessment Contaminated Land Planning Permission Judicial Review Town and Country Planning Act

Case Brief

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Parties

John Gillespie

Claimant

First Secretary of State

Defendant

Bellway Urban Renewal Southern

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State's decision not to require an Environmental Impact Assessment (EIA) was lawful
  2. 2 Whether the Secretary of State failed to give adequate reasons for his decision

Ratio Decidendi

The Secretary of State erred in law by taking remediation measures into account when deciding whether the development was likely to have significant environmental effects; the correct approach was to require an EIA given the contamination and uncertainty, and the decision to grant planning permission without EIA was unlawful.

Court Disposition

Decision quashed

Orders

  • The decision to grant planning permission is quashed.
  • Further and consequential matters to be considered following submissions from counsel.