Environmental Impact Assessment

August 28th, 2019

Should two developments have been assessed as a single “ project” for the purposes of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011? That was the issue in R (WINGFIELD) v CANTERBURY CITY COUNCIL (2019) EWHC 1975 (Admin). Lang J held that this is a matter of judgment for the competent authority, subject to challenge only on public grounds.

She listed the relevant factors. They include common ownership, simultaneous determination and functional interdependence on the one hand; and ability to stand alone on the other hand.

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