Smith v Secretary of State for the Environment, Transport and the Regions [electronic resource]
Smith v Secretary of State for the Environment, Transport and the Regions [electronic resource]
- 2003
- Property, Planning and Compensation Reports [2002] 2 P&CR 162-182(21) .
[2003] EWCA Civ 262, 5 March 2003. Appellant claimant (S) was a member of an action group who opposed an application by a waste management company to extend planning permission to quarry stone. S appealed against a HC ruling which dismissed an appeal brought under the Town and Country Planning Act 1990 s288. In both appeals, S challenged the decision of first defendant (SoS) who by his Inspector in a decision letter dated 14 March 2001 agreed to extend planning permission subject to certain conditions. The application was supported by an environmental impact statement as required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1988 as amended. The main issue at appeal was the consideration of the extent to which the Inspector must in granting planning permission make it an obligation of the applicant to carry out measures which would mitigate the impact of the environment and the extent to which the Inspector can leave the obligation to carry out mitigation measures to a third party, in this instance the local planning authority. CA upheld the Inspector's decision on the grounds that he was entitled to set the parameters of the planning permission leaving the mitigation issues to the local planning authority. Appeal dismissed. (See also Abs66625).
SMITH V SOS ENVIRONMENT
ENVIRONMENTAL IMPACT ASSESSMENTS
QUARRIES
RESERVED MATTERS
LOCAL PLANNING AUTHORITIES
PLANNING CONDITIONS
[2003] EWCA Civ 262, 5 March 2003. Appellant claimant (S) was a member of an action group who opposed an application by a waste management company to extend planning permission to quarry stone. S appealed against a HC ruling which dismissed an appeal brought under the Town and Country Planning Act 1990 s288. In both appeals, S challenged the decision of first defendant (SoS) who by his Inspector in a decision letter dated 14 March 2001 agreed to extend planning permission subject to certain conditions. The application was supported by an environmental impact statement as required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1988 as amended. The main issue at appeal was the consideration of the extent to which the Inspector must in granting planning permission make it an obligation of the applicant to carry out measures which would mitigate the impact of the environment and the extent to which the Inspector can leave the obligation to carry out mitigation measures to a third party, in this instance the local planning authority. CA upheld the Inspector's decision on the grounds that he was entitled to set the parameters of the planning permission leaving the mitigation issues to the local planning authority. Appeal dismissed. (See also Abs66625).
SMITH V SOS ENVIRONMENT
ENVIRONMENTAL IMPACT ASSESSMENTS
QUARRIES
RESERVED MATTERS
LOCAL PLANNING AUTHORITIES
PLANNING CONDITIONS