Today the Court of Appeal finished hearing an appeal against the decision of Dove J. in R (Shirley) v SSCLG [2017] EWHC 2306 (Admin). The case arises from a challenge to the Secretary of State for declining to call-in a planning application for an urban extension to the south east of Canterbury, comprising some 4,000 dwellings together with a variety of other forms of complementary development. Dove J. dismissed the claim.
The appeal raises questions about the proper interpretation of the EU Air Quality Directive 2008/50/EC (“AQD”) as implemented by the Air Quality Standards Regulations 2010 (‘AQR’).
The issues raised by the Appellants include the potential application of the AQD and AQR to planning decision making on individual planning applications.
The Appellant contends on the appeal that:
Permission was given by Arden LJ. The case was heard by Lindblom LJ, Coulson LJ and Singh LJ. Judgment has been reserved.
James Maurici QC and Alistair Mills appeared for the Secretary of State
Reuben Taylor QC appeared for the developer Corinthian Mountfield Limited.