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R (Baker) v Bath and NE Somerset Council and Hinton Organics [2009] EWHC 595 Admin, [2009] JPL 1498

DATE: 19 Feb 2009

 

The case concerned two s73 permissions in relation to a composting facility near Keynsham, Bristol. The site was permitted before the 1999 EIA Regulations, but would now constitute Schedule 2 development, being a waste disposal installation exceeding 0.5h in area. The applications were for changes or extensions to this development, within the first column of paragraph 13 of Schedule 2. The planning authority argued that screening was not necessary because the changes/extensions themselves did not exceed the size threshold in paragraph 13: according to the second column of paragraph 13 this threshold has to be ‘applied to the change or extension (and not to the development as changed or extended)’. Collins J ruled that this wording did not properly implement the Directive: the Directive required consideration of the environmental effect of the changed/extended development as a whole.

The 1999 EIA Regulations were amended as a result of this decision. 

Richard Langham appeared for the defendant local planning authority.