Smout v Welsh Ministers and Wrexham CBC

Smout v Welsh Ministers and Wrexham CBC

The Ministers lawfully limited their EIA screening to the modifications effected by the orders, not the original landfill scheme. The modifications did not grant new permissions for landfill but reduced the scope of permitted development. The conditions precedent were fulfilled or lawfully treated as such, and there was no requirement for strict sequencing of phases or restoration only in accordance with the concept plan. The appeal was therefore dismissed.

Parties
Appellant: Smout; First Respondent: Welsh Ministers; Second Respondent: Wrexham County Borough Council
Jurisdiction
England and Wales
Judgment Date
30 November 2011
Procedural Posture
Judicial Review (planning/environmental) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Modification of Planning Permissions, European Union Law, Town and Country Planning Act 1990
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Modification of Planning Permissions European Union Law Town and Country Planning Act 1990

Case Brief

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Parties

Smout

Appellant

Welsh Ministers

First Respondent

Wrexham County Borough Council

Second Respondent

Procedural Posture

Judicial Review (planning/environmental) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Welsh Ministers erred in law in deciding that no Environmental Impact Assessment (EIA) was required for modification orders under section 97 of the Town and Country Planning Act 1990
  2. 2 Whether the Ministers failed to consider the cumulative or overall environmental impact of the project as modified
  3. 3 Whether conditions precedent to landfill operations were fulfilled

Ratio Decidendi

The Ministers lawfully limited their EIA screening to the modifications effected by the orders, not the original landfill scheme. The modifications did not grant new permissions for landfill but reduced the scope of permitted development. The conditions precedent were fulfilled or lawfully treated as such, and there was no requirement for strict sequencing of phases or restoration only in accordance with the concept plan. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed