Smout v Welsh Ministers and Wrexham CBC [2011] EWCA Civ 1750 (30 November 2011)

Smout v Welsh Ministers and Wrexham CBC [2011] EWCA Civ 1750 (30 November 2011)

The Welsh Ministers were only required to assess the environmental impact of the changes effected by the modification orders, not to revisit the original scheme; the orders did not grant new permissions or unlawfully reconfigure operations; conditions precedent were fulfilled; failure to transpose the directive was not fatal due to its direct effect.

Citation
[2011] EWCA Civ 1750
Parties
Appellant: Smout; First Respondent: Welsh Ministers; Second Respondent: Wrexham CBC
Jurisdiction
England and Wales
Judgment Date
30 November 2011
Procedural Posture
Appeal Under Section 288 of the Town and Country Planning Act 1990 / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Modification of Planning Permissions, Direct Effect of EU Directives, Site of Special Scientific Interest, Special Area of Conservation
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Modification of Planning Permissions Direct Effect of EU Directives Site of Special Scientific Interest Special Area of Conservation

Case Brief

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Parties

Smout

Appellant

Welsh Ministers

First Respondent

Wrexham CBC

Second Respondent

Procedural Posture

Appeal Under Section 288 of the Town and Country Planning Act 1990 / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Welsh Ministers were required to conduct an environmental impact assessment for modification orders under section 97 of the Town and Country Planning Act 1990
  2. 2 Whether conditions attached to the original planning permissions had been fulfilled
  3. 3 Whether the modification orders unlawfully reconfigured permitted operations

Ratio Decidendi

The Welsh Ministers were only required to assess the environmental impact of the changes effected by the modification orders, not to revisit the original scheme; the orders did not grant new permissions or unlawfully reconfigure operations; conditions precedent were fulfilled; failure to transpose the directive was not fatal due to its direct effect.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; modification orders confirmed without quashing.