R (oao Peter Gibson) v Harrow LBC and Parish of St George Headstone [2013] EWHC 3449 (Admin)

01 Jan 2018

Planning and Environment

An Interested Party successfully opposed a judicial review of a planning permission granted to it where a local resident argued that the decision was flawed because of an alleged failure to screen the development for EIA purposes. The court held that, despite a failure of the local planning authority to screen the particular housing development, the failure was not unlawful because a previous application for identical development had been screened and therefore the development had complied with regulation 7 of the EIA Regulations as the development in question had been screened albeit in relation to the earlier application. The court also agreed that the local planning authority’s failure to place the earlier screening decision on the planning register in relation to the later application had caused no substantial prejudice to the claimant and so he refused relief, relying on the Supreme Court decision in Walton v The Scottish Ministers [2012] UKSC 44.