Environmental information/assessment: duty to take into account: agricultural activity

Squire v Shropshire Council [2018] EWHC 1730 (Admin)

effects of agricultural activity (odour & manure from poultry rearing)

  • Duty in reg 3(4) of the 2011 EIA regulations
  •  “Environmental information” means the environmental statement, including any further information requested by the planning authority under Regulation 22, any other substantive information relating to the ES provided by the applicant and any representations made by bodies consulted on the application and by any other person: see Regulation 2(1).
  • The starting point is that it is for the local planning authority to decide whether the information contained in the ES is sufficient to meet the definition in the Regulations. … A local planning authority is not deprived of jurisdiction to grant planning permission merely because it concludes that an environmental statement is deficient in a number of respects: see Sullivan J, as he then was, in R (oao Blewett) v Derbyshire CC [2004] Env LR 29 at [31] to [40].

R (oao Burkett) v LB Hammersmith and Fulham [2003] EWHC 1031 (Admin)

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