QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
(sitting as a judge of the High Court)
| THE QUEEN (on the application of BENJAMIN CAMERON HOWELL)
|- and -
|WAVENEY DISTRICT COUNCIL
|(1) STAMFORD RENEWABLE POWER LTD
(2 & 3) SERGEI GRACHEV AND CELESTE BLOIS
(4 & 5) GEOFFREY AND BRENDA MEEN
Jack Parker (instructed by Waveney District Council) for the Defendant
Jeremy Pike (instructed directly by public access) for the First Interested Party
Hearing dates: 27 November 2018
Crown Copyright ©
Sir Ross Cranston:
The inspector's decision and its aftermath
"3. No development shall commence until at least 3 months after the applicant, or their agents or successors in title, has provided written confirmation of the following details to the Local Planning Authority:
(a) Proposed date of commencement of the development
(b) The maximum extension height of any construction equipment
(c) The expected date of completion of construction
(d)The height above ground level of the highest potential obstacle (anemometry mast or wind turbine)
(e) The position of that structure in latitude and longitude."
Application to discharge conditions
The officer's report
"This application is a 'subsequent application' for the purposes of Regulation 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. However, it is not considered that the application results in any material change in circumstances and the application was entirely anticipated following the Inspectors decision notice. It is considered that the ES submitted with the planning application DC/12/1332/FUL is adequate to assess the effects of this application on the environment and, pursuant to Regulation 9(2) of the 2017 EIA Regulations; that the ES submitted with the planning application DC/12/1332/FUL has been taken into consideration in the determination of this application to discharge conditions. As the environmental information is adequate to assess the significance of effects from the development on the environment it is not necessary to request further information in accordance with Regulation 25 of the 2017 EIA Regulations.".
Decision to discharge
THE LEGAL FRAMEWORK
Environmental impact assessment: consultation and publicity
"The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures referred to in Article 2(2) and shall, for that purpose, be entitled to express comments and opinions when all options are open to the competent authority or authorities before the decision on the request for development consent is taken."
It is up to Member States to determine how this is to be done: Art 6(5).
"(5) Where an applicant submits an environmental statement to the relevant planning authority under paragraph (1), the provisions of articles 15 and 16 of, and Schedule 3 to, the [Town and Country Planning (Development Management Procedure) (England) Order 2015] (publicity for applications for planning permission) apply to a subsequent application as they apply to an application for planning permission except that in the relevant requisite notice in Schedule 3 to the Order for the reference to (i) "application for planning permission" there is substituted "application for subsequent consent"; and (ii) "planning permission to" there is substituted "subsequent application in respect of".."
GROUND 1: AVIATION
GROUND 2: ARCHAEOLOGY
GROUND 3: ENVIRONMENTAL PUBLICITY AND CONSULTATION