Nicola Squire v Shropshire Council [2018] EWHC 1730 (Admin) (06 July 2018)

Nicola Squire v Shropshire Council [2018] EWHC 1730 (Admin) (06 July 2018)

The Council complied with its duties under the EIA Directive and Regulations by assessing the direct and indirect effects of the proposed development, including manure management, through the ES, consultation responses, and the professional assessment of its officers. The Council also properly considered the material consideration of the effects of manure storage and spreading on local amenity. Reliance on the permit regime and Code of Good Agricultural Practice was justified. There was no legal error or omission of material consideration.

Citation
[2018] EWHC 1730 (Admin)
Parties
Claimant: Nicola Squire; Defendant: Shropshire Council; Interested Party: Matthew J Bower
Jurisdiction
England and Wales
Judgment Date
06 July 2018
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Environmental Impact Assessment, Planning Permission, Material Considerations, Statutory Nuisance, Judicial Review
Planning Law Environmental Law Administrative Law Environmental Impact Assessment Planning Permission Material Considerations Statutory Nuisance Judicial Review

Case Brief

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Parties

Nicola Squire

Claimant

Shropshire Council

Defendant

Matthew J Bower

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council complied with its duties under the EIA Directive and Regulations in assessing direct and indirect effects of the proposed development, including manure storage and spreading
  2. 2 Whether the Council properly considered the material consideration of the effects of manure storage and spreading on local amenity

Ratio Decidendi

The Council complied with its duties under the EIA Directive and Regulations by assessing the direct and indirect effects of the proposed development, including manure management, through the ES, consultation responses, and the professional assessment of its officers. The Council also properly considered the material consideration of the effects of manure storage and spreading on local amenity. Reliance on the permit regime and Code of Good Agricultural Practice was justified. There was no legal error or omission of material consideration.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed; parties to agree an appropriate order