Corrie, R (on the application of) v Suffolk County Council & Ors

Corrie, R (on the application of) v Suffolk County Council & Ors

The planning authority did not act unlawfully or irrationally in granting planning permission, as there were no concrete plans for housing, Environment Agency advice was considered, hazardous waste figures were consistent with documentation, and Legionella risk was addressed; the EIA screening direction was conclusive and unchallenged.

Parties
Claimant: John Corrie; Defendant: Suffolk County Council; Interested Party: St Edmundsbury Borough Council; Interested Party: Hopkins Homes; Interested Party: Secretary of State for Communities and Local Government; Interested Party: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
22 July 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Planning Permission, Environmental Impact Assessment, Consultation Requirements, Noise and Odour Impact, Hazardous Waste, Legionella Risk
Planning Law Administrative Law Environmental Law Planning Permission Environmental Impact Assessment Consultation Requirements Noise and Odour Impact Hazardous Waste +1 more

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Parties

John Corrie

Claimant

Suffolk County Council

Defendant

St Edmundsbury Borough Council

Interested Party

Hopkins Homes

Interested Party

Secretary of State for Communities and Local Government

Interested Party

The Environment Agency

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the planning authority failed to assess impact on future residential development
  2. 2 Whether the planning authority failed to consider Environment Agency advice
  3. 3 Whether the EIA screening was unlawful due to hazardous waste figures

Ratio Decidendi

The planning authority did not act unlawfully or irrationally in granting planning permission, as there were no concrete plans for housing, Environment Agency advice was considered, hazardous waste figures were consistent with documentation, and Legionella risk was addressed; the EIA screening direction was conclusive and unchallenged.

Court Disposition

Application for judicial review dismissed