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R (Baker) v Bath and NE Somerset Council and Hinton Organics (no 2) - [2009] EWHC 3320 Admin

DATE: 15 Dec 2009


The site was in use as a composting site pursuant to a temporary planning permission. The operator made two s73 applications to vary conditions in this permission: the variations were granted but then quashed.  When the s73 applications came to be redetermined, a local resident tried to force the local planning authority to adopt positive screening opinions – and to take enforcement action against the continuation of what he said was unassessed EIA development.  HHJ Birtles declined to reach a view on how the applications should be screened.  Had he found that the s73 applications were for EIA development, he would have needed to address an argument that the planning authority was obliged to take enforcement action, given the decision of the ECJ in Commission v Ireland [2008] C-215/06. 

Richard Langham appeared for the local planning authority.