Howard & Anor v Wigan Council

Howard & Anor v Wigan Council

The Defendant applied the correct legal test, considered material information, and reasonably concluded that the development was not EIA development; the screening opinion was not perverse and adequate reasons were given.

Parties
Claimant: Steven Howard; Claimant: Justine Bennett; Defendant: Wigan Council; Interested Party: Morris Homes Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Judicial Review / Judgment on Permission and Substantive Challenge
Outcome
Permission refused; claims dismissed
Legal Topics
Environmental Impact Assessment, Land Contamination, Planning Permission, Remediation Strategy
Planning Law Environmental Law Environmental Impact Assessment Land Contamination Planning Permission Remediation Strategy

Case Brief

Summary, issues, holding and outcome

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Parties

Steven Howard

Claimant

Justine Bennett

Claimant

Wigan Council

Defendant

Morris Homes Ltd

Interested Party

Procedural Posture

Judicial Review / Judgment on Permission and Substantive Challenge

Legal Issues

  1. 1 Whether the screening opinion that the development was not EIA development was flawed
  2. 2 Whether the Defendant failed to take into account environmental information regarding site contamination
  3. 3 Whether the grant of planning permission was unlawful due to reliance on allegedly false sampling evidence

Ratio Decidendi

The Defendant applied the correct legal test, considered material information, and reasonably concluded that the development was not EIA development; the screening opinion was not perverse and adequate reasons were given.

Court Disposition

Permission refused; claims dismissed

Orders

  • Claim 2 dismissed
  • Claim 1 dismissed as academic