R v Thanet District Council and Rosefarm Estates plc and Rank Group plc ex p The Noble Organisation Ltd
Publication details: 2005Subject(s): Online resources: Summary: [2005]EWCA Civ 782, 28 June 2006. Considers whether a challenge to a planning authority's decision not to require an environmental impact assessment (EIA) at the approval of reserved matters stage was as formulated an impermissible collateral challenge to two previous outline planning permissions. Appeal by N against the decision ((20040 EWHC 2576 (Admin) approving matters reserved on the grant of outline planning permission for a leisure development without requiring an EIA in respect of those matters. N had not provided an EIA with its original application for outline planning permission for a business park nor had T required one and similarly for a leisure development on part of the business park site. When N sought approval of reserved matters in respect of its proposed leisure development T had conducted a screening exercise and concluded that no EIA was need before the reserved matters were approved. N argued that the approval of reserved matters should be quashed. "Held": appeal dismissed. N's challenge as formulated was an impermissible collateral challenge to two previous outline planning permissions and the screening decision in respect of the second of them which could have been but had not been challenged by way of judicial review.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134020-2001 |
[2005]EWCA Civ 782, 28 June 2006. Considers whether a challenge to a planning authority's decision not to require an environmental impact assessment (EIA) at the approval of reserved matters stage was as formulated an impermissible collateral challenge to two previous outline planning permissions. Appeal by N against the decision ((20040 EWHC 2576 (Admin) approving matters reserved on the grant of outline planning permission for a leisure development without requiring an EIA in respect of those matters. N had not provided an EIA with its original application for outline planning permission for a business park nor had T required one and similarly for a leisure development on part of the business park site. When N sought approval of reserved matters in respect of its proposed leisure development T had conducted a screening exercise and concluded that no EIA was need before the reserved matters were approved. N argued that the approval of reserved matters should be quashed. "Held": appeal dismissed. N's challenge as formulated was an impermissible collateral challenge to two previous outline planning permissions and the screening decision in respect of the second of them which could have been but had not been challenged by way of judicial review.