Fri, 12 Sep 2014
In an appeal from a decision of Moses LJ, Jenny Wigley has appeared in the Court of Appeal for the Appellant in a challenge to the Secretary of State’s screening direction and grant of planning permission for a food superstore, hotel and other development on the Margate seafront.
At the heart of the case is the meaning of the terms “cumulation” and “cumulative impacts” and the scope of the statutory duty in the EIA Directive and the Regulations to consider the characteristics of development “in cumulation with other developments” when screening for significant environmental impacts.
The Appellant’s case is that both the Court below and the Secretary of State erred in their interpretation of those terms by construing them unduly narrowly and restrictively and, as a result, ignoring the aggregated impacts of adjoining developments on, for example, traffic and sewerage infrastructure.
The case was heard in the Court of Appeal on Wednesday 10th October and Judgment is expected in October.
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