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R (Jones) v Mansfield District Council [2003] EWCA Civ 1408

Planning Law - Judicial Review - Environmental Law - Defendant granted planning permission for use as industrial estate of site in open countryside adjacent to claimant’s home - Claimant challenged grant of planning permission on ground that defendant had not considered whether Environmental Impact Assessment was required - Defendant had to decide whether Environmental Impact Assessment should be carried out - Role of court limited to review on Wednesbury grounds

24 October 2003

The application for planning permission had been made on 15 October 1998. On 17 November 2001, the claimant (J) challenged the decision on the ground that there had been no proper consideration by the defendant (the council) as to whether an Environmental Impact Assessment (EIA) was required before it made its decision and that, consequently, the subsequent decision was unlawful for breach of reg 4(2) Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 implementing Council Directive 85/337/EEC. The council agreed to consider two reports from its Head of Planning and Building Controls, the first advising that an EIA was not required, and the second recommending that outline planning permission be granted. It was considered that it was unlikely that the development would have significant effects on the environment by virtue of its size, nature and location. On 25 February 2002 the council’s planning committee made its decisions accordingly. Richards J refus...

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