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A stitch in time

By: Contributor(s): Series: Estates Gazette ; (0310) 8 March 2003, 161(1)Publication details: 2003Subject(s): Summary: Argues that developers and local planning authorities (LPAs) must recognise environmental issues to avoid court action. Following several judicial decisions the ODPM issued guidance stressing that planning applications must be checked to gauge the need for an environmental impact assessment (EIA). However, in "Gillespie v SoS Environment and another" ([2003] EWHC 9 (Admin), [2003] 1 P&CR 475-503(29)) the SoS failed to take this advice and granted planning permission for a residential development on a contaminated former gasworks site without accepting the need for an EIA. The judge quashed the planning permission on the grounds that the SoS decision was "Wednesbury" unreasonable and the correct approach would have focused upon likely environmental effects. CA considered appeal as "Bellway Urban Renewal Southern v Gillespie".

Argues that developers and local planning authorities (LPAs) must recognise environmental issues to avoid court action. Following several judicial decisions the ODPM issued guidance stressing that planning applications must be checked to gauge the need for an environmental impact assessment (EIA). However, in "Gillespie v SoS Environment and another" ([2003] EWHC 9 (Admin), [2003] 1 P&CR 475-503(29)) the SoS failed to take this advice and granted planning permission for a residential development on a contaminated former gasworks site without accepting the need for an EIA. The judge quashed the planning permission on the grounds that the SoS decision was "Wednesbury" unreasonable and the correct approach would have focused upon likely environmental effects. CA considered appeal as "Bellway Urban Renewal Southern v Gillespie".