COURT OF APPEAL TO RE-CONSIDER MEANING OF "SIGNIFICANT ENVIRONMENTAL EFFECT"  

The Court of Appeal has recently granted permission in the Loader case on grounds of public interest.  The case raises two important issues.  First, what is the meaning of ‘significant' when considering whether there are significant environmental effects under the Environmental Impact Assessment regime? Secondly, is a planning authority's judgment on whether effects are likely to be significant only challengeable on traditional judicial review grounds of reasonableness or does a more intense form of review apply?  Previous Court of Appeal cases say that ‘significant' is simply a question of planning judgment reviewable only on grounds of reasonableness.  Loader is set to re-consider that line of authority.  James Pereira represents the appellant in the case.  The first instance decision is reported at [2011] EWHC 2010 (Admin).