R (Evans) v Basingstoke & Deane Borough Council and Vitacress Salads Limited [2013] EWCA Civ 1635; [2013] EWHC 899 (Admin)

The Court of Appeal has dismissed an appeal against the decision of the High Court to dismiss an application for judicial review of a decision by the Council to grant planning permission to VSL for the rationalisation of a large watercress/salad packaging plant in Hampshire. The case involved planning and environmental issues, in particular whether the time limits for enforcement in s.171(B) and the lawfulness of development provisions in s.191(2) of the of the Town and Country Planning Act 1990 are incompatible with EU law, in circumstances where development that constitutes EIA development, but has not been the subject of EIA, has become immune from enforcement by effluxion of time. The Appelant has sought permission to appeal to the Supreme Court. Graeme Keen (led by Tim Mould QC) are instructed by Blake Lapthorn for the Interested Party (VSL).