Planning permission — Reasons for decision — Whether applicants had locus standi — Whether proper consideration given to SSSI status — Whether consideration given to need for environmental assessment — Application dismissed
By a decision dated April 6 1989 the respondent council granted to themselves planning permission for housing development on part of Canford Health. In November 1988 the Nature Conservancy Council (“NCC”) notified the subject land to include it within a site of special scientific interest (“SSSI”) to provide protection for, inter alia, smooth snakes, sand lizards, the Dartford Warbler, the Nightjar and the Hobby.
The applicants, representing the Worldwide Fund for Nature (UK) (“WWF”) and the British Herpetological Society (“BHS”), moved for judicial review of the council’s decision on the grounds, inter alia, that they had failed to consider the fact that the subject site was part of a SSSI and improperly failed to consider whether an environmental impact assessment should be carried out prior to the grant of planning permission. It was submitted on behalf of the respondent council that the applicants had insufficient interest to make the application.
Held The application was dismissed.
Although those representing WWF would not alone have had sufficient interest, the BHS had by reason of its financial input into the site and connection with the planning permission by reason of a condition therein relating to the protection of species: R v Secretary of State for the Environment, ex parte Rose Theatre Trust Co [1990] 1 PLR 39 distinguished.
Parliament has not imposed a duty on local planning authorities to give reasons for the grant of planning permissions. Although the council may have proceeded on the basis that the NCC merely proposed SSSI status, whereas the site had that status, the officer preparing the report and the council did take into account the substance of what they were required to take into account. The fact that the council may not have been aware that the site had been formally notified did not deprive them of knowledge of any material underlying fact.
The purpose of an environmental impact statement under the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 is to draw to the attention of a local planning authority material relevant to coming to a decision. In the present case the appropriate bodies, the NCC and the BHS drew the significant factors to the attention of the council so that the council had in their possession the substance of what they would have had if they had considered the 1988 regulations and prepared a statement.
Gerard Ryan QC and John Bates (instructed by Cyril Clark & Son, of Bournemouth) appeared for the applicants; and Jeremy Sullivan QC and Peter Village (instructed by the solicitor to Poole Borough Council) appeared for the respondents.
