Nicola Squire v Shropshire Council

The Council complied with its duties under the EIA Directive and Regulations by considering all relevant environmental information, including indirect effects of manure management, and properly took into account material considerations regarding amenity impacts. Regulatory controls and permit conditions were sufficient to address potential impacts.

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
Outcome: Claim dismissed
Legal Topics: Environmental Impact Assessment, Planning Permission, Material Considerations, Regulatory Control, Statutory Nuisance

Planning Law Environmental Law Administrative Law Environmental Impact Assessment Planning Permission Material Considerations Regulatory Control Statutory Nuisance

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 6

Parties

Nicola Squire

Claimant

Shropshire Council

Defendant

Matthew J Bower

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Council complied with its duties under the EIA Directive and Regulations in assessing direct and indirect effects of manure storage and spreading.
2 Whether the Council properly considered the material effects of manure storage and spreading on local amenity when granting planning permission.

Ratio Decidendi

Court Disposition

Claim dismissed