Jenny Wigley secures a quashing order for local residents on grounds of air quality impacts of a new road scheme

Thu, 25 Jun 2015

In a judicial review claim, due to be heard in the High Court today, Hastings Borough Council have consented to an order quashing planning permission for the controversial road scheme linking Sedlescombe Rd with Queensway in Hastings.  The scheme includes the loss of a large area of a local wildlife site.

Jenny Wigley represented local resident, Gabriel Carlyle, in the challenge brought on the basis that the authority acted contrary to national and EU law and policy on air pollution.  The scheme is admitted to cause exceedances in EU limits on nitrogen dioxide emissions, impacting both on local residences and ecological interests.  In the last few days, the authority and applicant, SeaChange Sussex, have accepted that the planning permission is unlawful and should be quashed on the basis that the authority failed to take into account important policy on air quality. 

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