Landmark Chambers

Home > Resources > Cases

Cases

R (Larkfleet) v South Kesteven District Council [2015] EWCA 887 (Civ)

DATE: 06 Aug 2015

 

This was a challenge to planning permission for the major part of a southern by-pass to Grantham. It was proposed to develop land between the by-pass and the existing built up area for housing etc: the housing would be accessed from the by-pass.  Part of the funding for the by-pass would come from the housing development.  The claimant contended that the environmental statement for the road was defective because the relevant ‘project’ was the road and the housing development together and/or because the treatment of cumulative effects in the environmental statement was inadequate.  The Court of Appeal, in upholding the planning permission, added to the already the extensive caselaw on the identification of the relevant ‘project’ by holding that this question was ultimately one of ‘evaluative judgment’.  It declined to decide whether the scope of the project was a matter of jurisdictional fact. 

Richard Langham appeared for the local planning authority.