Court rejects legal challenge to planning permission for Isle of Wight retail park

The High Court has rejected a challenge by Asda Stores to the grant of planning permission for a new retail park on the Isle of Wight, it has been reported.

The proposed retail park, which comprises 9167 m2 gross internal floor space and 289 parking spaces, is to be located in Newport.

Asda Stores challenged the permission on the basis of a failure to undertake an EIA [Environmental Impact Assessment] screening opinion prior to the grant of permission.

Cornerstone Barristers said that, applying the principles in R(Champion) v North Norfolk DC [2015] 1 WLR 3710 and Hockley v Essex CC [2014] Env LR 24, Tipples J found that in the absence of any objective evidence from the claimant that an EIA may have been required, it was not appropriate to quash permission, in spite of the technical breach of the EIA Regulations.

Ashley Bowes of Cornerstone Barristers appeared for Isle of Wight Council.