Horner, R (on the application of) v Lancashire County Council & Anor

Horner, R (on the application of) v Lancashire County Council & Anor

The Council lawfully interpreted 'floorspace' under Schedule 2, Class 13(a) of the EIA Regulations, and the threshold was not exceeded; thus, no EIA or screening was required. BPEO principles were adequately considered through the local waste plan, and any omission would not have affected the planning outcome. The...

Source-derived case information.

Parties
Appellant: Mary Violet Horner; Respondent: Lancashire County Council; Interested Party: Castle Cement Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2007
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Waste Management Licensing, Best Practical Environmental Option (bpeo), Planning Permission, EU Directive Transposition
Environmental Law Administrative Law Planning Law European Union Law Environmental Impact Assessment Waste Management Licensing Best Practical Environmental Option (bpeo) Planning Permission +1 more

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Parties

Mary Violet Horner

Appellant

Lancashire County Council

Respondent

Castle Cement Limited

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Council erred in not requiring an Environmental Impact Assessment (EIA) or screening under EIA Regulations for the proposed development
  2. 2 Whether the Council failed to properly consider Best Practical Environmental Option (BPEO) principles in granting planning permission

Ratio Decidendi

The Council lawfully interpreted 'floorspace' under Schedule 2, Class 13(a) of the EIA Regulations, and the threshold was not exceeded; thus, no EIA or screening was required. BPEO principles were adequately considered through the local waste plan, and any omission would not have affected the planning outcome. The appeal is dismissed.

Court Disposition

Appeal dismissed