Leases of magistrates’ court premises — Claimant having power to compel transfers of such premises by public authorities — Whether grant of leases falling within statutory power — Whether claimant having power to compel transfer of whole building where only part used as magistrates’ court — Claim dismissed
Plans for a 67ha mixed-use scheme in Hastings, East Sussex, can proceed following a High Court decision to dismiss a local resident’s objection.
Davis J has rejected claims by Carol Candlish, who lives within the Ore Valley region, which scheduled for development, that the first stage of the scheme required an environmental impact assessment (EIA) before planning consent could be granted.
Local developer Sea Space, which forms part of Hastings Millennium Community, one of seven Millennium Communities managed by English Partnerships, intends to construct 700 homes, 4,000m2 of office use and 1,500m2 of retail on the site.
The first stage of the project comprises the submission of a detailed planning application for a spine road and a roundabout at the former Mount Pleasant hospital, which adjoins Candlish’s home, while the second stage will incorporate an outline planning consent for the wider Ore Valley project.
Planning consent for stage 1 was granted by Hastings Council in October.
Candlish claimed that the council should have required an EIA for the phase 1 infrastructure works because, although the works were not likely to have a significant effect upon the environment, they formed part of a wider development that would.
She argued that phase 1 “had no meaningful existence on its own” but was “part of an overall project”, and that splitting the project into two phases would circumvent the need for an EIA.
However, Davis J ruled that the council’s decision that the phase 1 works did not amount to an EIA development accorded with EIA regulations and European law.
“No question of a deliberate device or ploy to circumvent the EIA regime arises here,” he said. “On the basis that phase 2 does indeed take place, then there will in any case be an EIA that would include phase 1 also.”
Five developers, including George Wimpy, Crest Nicholson Developments, Persimmon Homes (South East), Countryside Properties (Southern) and Bellway Homes, have been shortlisted to build the housing scheme. The successful company will form a joint venture with Sea Space.
R (on the application of Candlish) v Hastings Borough Council Administrative Court (Davis J) 14 July 2005.
David Wolfe (instructed by Public Interest Lawyers) appeared for the claimant; Hereward Phillpot (instructed by the legal department of Hastings Borough Council) appeared for the defendants; Richard Harwood (instructed by Hammonds) appeared for the interested party.
References: EGi Legal News 15/07/05
