Environmental impacts and planning

Two recent cases have concluded that planners should consider environmental impacts of a proposed development even if the activity is covered by an environmental permit.

Following the outcomes of both R(Squire) v Shropshire Council [2019] EWCA Civ 888 and R(Preston) v Cumbria County Council and United Utilities Water Ltd [2019] EWHC 2362 (Admin) the courts will be ready to quash a decision where there is the potential for impacts on the environment likely to arise from a scheme, that have not been taken into account by the local planning authority, even if the environmental effects are regulated by the environmental permitting regime.

The requirement therefore is for the local planning authority to consider the full range of environmental impacts regardless of whether these impacts are being regulated by an existing environmental permit. Failure to do so could result in the decision being overturned.

Jane Haviland is a solicitor specialising in environmental law in the Business Services Team at Barker Gotelee Solicitors.

Ipswich Environmental Law Solicitors – for more information on our range of legal services, please call the team on 01473 611211 or email bg@barkergotelee.co.uk