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20 SEP 2011

R (Bateman) v South Cambridgeshire District Council [2011] EWCA Civ 157, [2011] JPLO (Sept)

Planning – reasons – EIA

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 [2010] 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.

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