All your resources at your fingertips.Learn More
22 February 2011
Court of Appeal (Civil Division)
Mummery LJ; Moore-Bick LJ; Jackson LJ
A screening opinion which concluded than an Environmental Impact Assessment was not required for a proposed development need not be elaborate but must explain why the conclusion was reached
On Appeal from
R (Bateman) v South Cambridgeshire District Council  EWHC 797 (Admin) (Michael Supperstone QC)
(1) Mr and Mrs Bateman (B) applied for judicial review of a decision of South Cambridgeshire DC (SC) to grant planning permission to Camgrain Storage Limited for an extension of a grain storage and handling facility. A screening opinion of SC’s planning officer had concluded that an Environmental Impact Assessment (EIA) was not necessary as the development was considered unlikely to have a significant environmental impact and so fell outside the requirements of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) 1999 Regulations. B argued that the screening opinion was unlawful because the reasons given were insufficient and that the opinion had failed to demonstrate why an EIA was not required.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Public Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Public Law online from the drop down menu.