Devon Wildlife Trust, R (On the Application Of) v Teignbridge District Council

Devon Wildlife Trust, R (On the Application Of) v Teignbridge District Council

The Council breached the EIA Regulations by failing to adopt and publish a screening opinion before granting planning permission, but the breach was immaterial as the outcome would inevitably have been the same and no substantive prejudice occurred. The Council complied with the Habitats Directive and Regulations, and was entitled to rely on expert advice and mitigation measures. No requirement existed for strategic or settlement-level mitigation plans prior to permission under the Local Plan.

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
Outcome
Claim dismissed except for declaration of breach of EIA Regulations.
Legal Topics
Habitats Directive Compliance, Environmental Impact Assessment, Local Plan Policy Interpretation, Public Consultation Obligations, Mitigation Measures for Protected Species
Environmental Law Planning Law Administrative Law Habitats Directive Compliance Environmental Impact Assessment Local Plan Policy Interpretation Public Consultation Obligations Mitigation Measures for Protected Species

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Parties

Devon Wildlife Trust

Claimant

Teignbridge District Council

Defendant

Rocklands Development Partnership

Interested Party

Procedural Posture

Judicial Review / Final Judgment

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 an EIA screening opinion prior to granting permission
  3. 3 Whether the Council failed to consider consulting the public (specifically the Claimant) on the Appropriate Assessment

Ratio Decidendi

The Council breached the EIA Regulations by failing to adopt and publish a screening opinion before granting planning permission, but the breach was immaterial as the outcome would inevitably have been the same and no substantive prejudice occurred. The Council complied with the Habitats Directive and Regulations, and was entitled to rely on expert advice and mitigation measures. No requirement existed for strategic or settlement-level mitigation plans prior to permission under the Local Plan.

Court Disposition

Claim dismissed except for declaration of breach of EIA Regulations.

Orders

  • Declaration that the Council breached the EIA Regulations by not adopting and publishing an EIA screening opinion before granting planning permission.
  • Permission to proceed granted for Ground 1 but substantive application refused.