[2008] EWCA Civ 1209, 04 November 2008. The conservation trust (V) appealed against a decision refusing to accept its application for judicial review of the decision of the local planning authority to grant planning permission to Rosemound Developments Ltd (R). R had received planning permission to construct a distribution depot on a site. Endangered invertebrates lived on this site and the work would put their life at risk. R had given, with its request for a planning permission, a report on how the ecology would be affected. The national conservation body had accepted to the development at the condition that the local authority approved a phasing plan to preserve the invertebrates and ecology of the place. The local authority granted planning permission as long as some specific conditions were reached. V argued that the local authority did not weighed matters properly and did not have a phasing plan before permission was granted. "Held": The advantages of the site for a distribution depot and the limited negative effects, even on the ecology, made the decision of the local authority suitable. The local authority assessed the risk, considered proposals for mitigation, asked for an agreement under the Town and Country Planning Act 1990 s. 106 and imposed a phasing condition. Evidence on the main issues were analysed by the local authority and by the expert statutory consultees. The appeal is dismissed.