Challenge to Isle of Wight Retail Park Rejected

24 May 2021

Planning and Environment, Public Law and Judicial Review

On 19 May 2021, the High Court rejected a challenge to the grant of planning permission for a new retail park (9167 m2 gross internal floor space and 289 parking spaces) at Newport, Isle of Wight: ASDA Stores Ltd v Isle of Wight Council (CO/1095/2020)

Asda Stores challenged the permission on the basis of a failure to undertake an EIA screening opinion prior to the grant of permission.

Applying the principles in R(Champion) v North Norfolk DC [2015] 1 WLR 3710 and Hockley v Essex CC [2014] Env LR 24, Tipples J found that in the absence of any objective evidence from the Claimant that an EIA may have been required, it was not appropriate to quash permission, in spite of the technical breach of the EIA Regulations.

Ashley Bowes appeared successfully for Isle of Wight Council.

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