000			02183cam a2200241 4500
001			ABS67097
008			030926n2003 000 0 eng u
035			_a(Sirsi) u123735
245			_aSmith v Secretary of State for the Environment, Transport and the Regions _h[electronic resource]
260			_c2003
490			_aProperty, Planning and Compensation Reports _v[2002] 2 P&CR 162-182(21)
520			_a[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).
590			_aABS
650			_aSMITH V SOS ENVIRONMENT
650			_aENVIRONMENTAL IMPACT ASSESSMENTS
650			_aQUARRIES
650			_aRESERVED MATTERS
650			_aLOCAL PLANNING AUTHORITIES
650			_aPLANNING CONDITIONS
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT
856			_uhttps://www.ipsofactoj.com/international/2004/Part01/int2004(1)-011.htm _zView judgment at www.ipsofactoj.com
942			_n0
999			_c73471 _d73471