Horner v Lancashire County Council & Anor

Permission to appeal is granted on the issue of interpretation of paragraph 13(a) of schedule 2, given the potential anomalies and the need to consider the purpose of the Directive.

Parties: Applicant: Lancashire County Council & Anr; Respondent: Horner
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

Environmental Law Administrative Law Environmental Impact Assessment Interpretation of Planning Regulations

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 2 Authorities cited 2 Party arguments 2

Parties

Lancashire County Council & Anr

Applicant

Horner

Respondent

Procedural Posture

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

Legal Issues

1 Whether an Environmental Impact Assessment is required for the 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, given the potential anomalies and the need to consider the purpose of the Directive.

Court Disposition

Permission to appeal granted

Orders

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