R (FRIENDS OF BASILDON GOLF COURSE) v. BASILDON COUNCIL & ANOTHER

The Court of Appeal has granted permission to Appeal against the decision of the High Court (Wyn Williams J) refusing the Claimants' application for judicial review of a grant of planning permission by the Council. In particular, the Claimants argued that the local planning authority should revisit an earlier decision that Environment Impact Assessment was not required, in the light of new, material, factors having been brought to its attention. The High Court followed an earlier decision in R (Fernback) London Borough of Harrow, and held that a local planning authority could only revisit a (negative) screening opinion if the applicant for planning permission requested that it do so, within three weeks of the making of an application for planning permission. In granting permission to appeal Carnwath LJ held it was arguable that the principle in R (Fernback) should be revisited, in the light of recent ECJ decisions (Wells and Barker) on Environmental Impact Assessment.

Jeremy Pike appears for the Claimants, instructed by Tilbrooks Solicitors.