Howsmoor Developments Ltd & Ors, R (on the application of) v South Gloucestershire Council

Howsmoor Developments Ltd & Ors, R (on the application of) v South Gloucestershire Council

The Local Plan lawfully allocated Emersons Green East for the MMI and pedestrian bridge; the Development Brief did not make a site-specific allocation but provided indicative criteria. The Sustainability Appraisal met the requirements of the SEA Directive at this stage, with further assessment to occur at the planning application stage. There was no breach of Regulation 7 or the SEA Regulations.

Parties
Claimant: Howsmoor Developments Limited and Others; Defendant: South Gloucestershire Council
Jurisdiction
England and Wales
Judgment Date
19 February 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Development Plans, Supplementary Planning Documents, Strategic Environmental Assessment, Local Government Powers
Planning Law Administrative Law Environmental Law Development Plans Supplementary Planning Documents Strategic Environmental Assessment Local Government Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Howsmoor Developments Limited and Others

Claimant

South Gloucestershire Council

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Development Brief unlawfully allocated land for a multi-modal interchange (MMI) and pedestrian bridge contrary to Regulation 7 of the Local Development Regulations
  2. 2 Whether the Sustainability Appraisal (SA) forming part of the Development Brief complied with the SEA Directive and Regulations

Ratio Decidendi

The Local Plan lawfully allocated Emersons Green East for the MMI and pedestrian bridge; the Development Brief did not make a site-specific allocation but provided indicative criteria. The Sustainability Appraisal met the requirements of the SEA Directive at this stage, with further assessment to occur at the planning application stage. There was no breach of Regulation 7 or the SEA Regulations.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted
  • Substantive application for judicial review dismissed