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R v Brighton and Hove City Council and Brighton and Hove Football Club ex p John Catt

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 1337 (Admin), 15 June 2006. Considers whether there was an error in law in a screening opinion adopted by a local planning authority in respect of the environmental effects of a proposed development and the need for an Environmental Impact Assessment (EIA). Application by C for judicial review to quash a decision by BC granting planning permission to BFC involving the use of a football stadium in a residential area. BFC was granted planning permission to continue using the stadium and develop its seating and stands capacity. C who resided next to the stadium argued that the author of the screening opinion should have considered the effect of its use as a football stadium not merely the effect of the proposed development works and had not correctly assessed whether the development was an EIA development. C contended that the development would be detrimental to his amenities and therefore contrary to the local development plan and the Town and Country Planning Act 1990 s38. "Held": application refused. There was no error in law in the screening opinion. The author had properly taken account of the overall effect of the proposal and the use of the stadium generally. No EIA was required. The local plan in question was only a draft at the time and did not engage s38.

[2006] EWHC 1337 (Admin), 15 June 2006. Considers whether there was an error in law in a screening opinion adopted by a local planning authority in respect of the environmental effects of a proposed development and the need for an Environmental Impact Assessment (EIA). Application by C for judicial review to quash a decision by BC granting planning permission to BFC involving the use of a football stadium in a residential area. BFC was granted planning permission to continue using the stadium and develop its seating and stands capacity. C who resided next to the stadium argued that the author of the screening opinion should have considered the effect of its use as a football stadium not merely the effect of the proposed development works and had not correctly assessed whether the development was an EIA development. C contended that the development would be detrimental to his amenities and therefore contrary to the local development plan and the Town and Country Planning Act 1990 s38. "Held": application refused. There was no error in law in the screening opinion. The author had properly taken account of the overall effect of the proposal and the use of the stadium generally. No EIA was required. The local plan in question was only a draft at the time and did not engage s38.