Appeal judges to hear key issue for challenges to planning permissions on EIA grounds

The case of Mackman v Secretary of State for Communities and Local Government [2013] EWHC 3396 (QB) related to a statutory challenge to a planning permission for 73 dwellings on a greenfield site on the outskirts of Great Dunmow, Essex.

The Secretary of State for Communities and Local Government had granted the permission on appeal.

The claimant, a local councillor, had argued in the High Court before Mrs Justice Lang that the permission was unlawful as it had not been preceded by a lawful screening opinion.

According to Francis Taylor Building, one of whose members – George Mackenzie – is acting for the claimant, “Lang J accepted that the Secretary of State’s screening decision had been unlawful and irrational but that the council’s earlier screening opinion had been lawful, and adequately reasoned, despite the acknowledged lack of any reference to the issue of cumulative environmental effects within it.

“Her Ladyship inferred from the surrounding circumstances that the officer who screened the development proposal did have regard to the issue of cumulative effects at the material time.”

Lord Justice Beatson has granted leave to appeal on two grounds. FTB said: “ Leave to appeal has been granted on the issue of whether the learned judge erred in law in approaching this question by reference to inferences drawn from the surrounding circumstances rather than by reference to the reg. 4(7) statement of reasons provided by the council.”

The set added: “The determination of this issue will be of interest to anyone bringing, or defending, challenges to planning permissions on EIA grounds.”

George Mackenzie has been instructed by Richard Buxton Solicitors.