Devon Wildlife Trust, R (On the Application Of) v Teignbridge District Council [2015] EWHC 2159 (Admin) (28 July 2015)

Devon Wildlife Trust, R (On the Application Of) v Teignbridge District Council [2015] EWHC 2159 (Admin) (28 July 2015)

The Council's failure to adopt and publish a screening opinion under the EIA Regulations before granting planning permission was a breach of the EIA Directive and Regulations, rendering the permission unlawful. The Council was not required to consult the public or the Claimant on the Appropriate Assessment, as it...

Source-derived case information.

Citation
[2015] EWHC 2159 (Admin)
Parties
Claimant: Devon Wildlife Trust; Defendant: Teignbridge District Council; Interested Party: Rocklands Development Partnership
Jurisdiction
England and Wales
Judgment Date
28 July 2015
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed in part; planning permission quashed for breach of EIA Regulations.
Legal Topics
Habitats Directive Compliance, Environmental Impact Assessment, Local Plan Policy, Appropriate Assessment, Public Consultation Requirements
Environmental Law Planning Law Administrative Law Habitats Directive Compliance Environmental Impact Assessment Local Plan Policy Appropriate Assessment Public Consultation Requirements

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Devon Wildlife Trust

Claimant

Teignbridge District Council

Defendant

Rocklands Development Partnership

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council complied with the Habitats Directive and Regulations in granting planning permission
  2. 2 Whether the Council failed to undertake and publish a lawful EIA screening opinion prior to granting permission
  3. 3 Whether the Council was required to consult the public or the Claimant on the Appropriate Assessment

Ratio Decidendi

The Council's failure to adopt and publish a screening opinion under the EIA Regulations before granting planning permission was a breach of the EIA Directive and Regulations, rendering the permission unlawful. The Council was not required to consult the public or the Claimant on the Appropriate Assessment, as it had consulted Natural England and did not consider further public consultation appropriate. The Local Plan did not require a settlement-wide GHB mitigation plan to be in place before granting permission, provided a site-specific plan was secured. The grant of planning permission was therefore quashed for breach of the EIA Regulations, but not for breach of the Habitats...

Court Disposition

Claim allowed in part; planning permission quashed for breach of EIA Regulations.

Orders

  • The grant of outline planning permission dated 10 October 2014 is quashed.
  • No order for remittal; the Council must reconsider the application in accordance with the law.