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R (Larkfleet Ltd) v. South Kesteven District Council [2016] Env L.R. 4

DATE: 06 Aug 2015

This was a challenge to the grant of planning permission for a relief road to enable a large-scale urban extension on the grounds that the road and the urban extension should have been assessed as a single ‘project’ under the EIA Directive or alternatively that the cumulative environmental effects of the road taken together with the urban extension were not assessed in accordance with the requirements of the Directive. The Court of Appeal (Longmore, Tomlinson and Sales LJJ) reviewed the principles relevant to assessing whether two or more planning applications relate to the same ‘project’ for the purposes of the Environmental Impact Assessment Directive and on the scope of the Court’s jurisdiction to determine whether the correct categorisation has been made, expressing the preliminary conclusion that the latter was confined to Wednesbury review but finding that the point did not need to be decided for the purposes of determining the appeal.

Charles Banner appeared for the Appellant, instructed by Shakespeare Martineau LLP.

Richard Langham appeared for the Respondent, instructed by South Kesteven District Council Legal Services.

John Hobson QC appeared for the Interested Party, instructed by Lincolnshire County Council Legal Services.