Gregory v Welsh Ministers & Ors

Gregory v Welsh Ministers & Ors

The inspector had no jurisdiction to determine the appeal and grant planning permission without first referring the EIA question to the defendant for a screening direction, as required by regulation 9(2). The absence of such a direction rendered the decision ultra vires and it must be quashed.

Parties
Claimant: Victoria Glynne Gregory; Defendant: Welsh Ministers; Interested Party: Isle of Anglesey County Council; Interested Party: Owen Rowlands
Jurisdiction
England and Wales
Judgment Date
25 January 2013
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Decision
Outcome
Application granted; inspector's decision quashed
Legal Topics
Environmental Impact Assessment, Jurisdiction of Inspector, Screening Direction, Town and Country Planning
Administrative Law Planning Law Environmental Law Environmental Impact Assessment Jurisdiction of Inspector Screening Direction Town and Country Planning

Case Brief

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Parties

Victoria Glynne Gregory

Claimant

Welsh Ministers

Defendant

Isle of Anglesey County Council

Interested Party

Owen Rowlands

Interested Party

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the inspector had jurisdiction to determine the planning appeal without a screening direction from the defendant under regulation 9(2) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
  2. 2 Whether the inspector erred in law by not referring the EIA question to the defendant
  3. 3 Whether the council's screening opinion was determinative

Ratio Decidendi

The inspector had no jurisdiction to determine the appeal and grant planning permission without first referring the EIA question to the defendant for a screening direction, as required by regulation 9(2). The absence of such a direction rendered the decision ultra vires and it must be quashed.

Court Disposition

Application granted; inspector's decision quashed

Orders

  • The inspector's decision of 25 October 2012 is quashed