Extracts from a letter to Chief Planning Officers in England from the Chief Planner, 18 November, 2009
Changes or extensions to existing and approved development
The judgment on 19 February 2009 from the High Court of Justice in
The effect of the ruling is that when determining whether EIA is required, planning authorities must look at the effect of the development, as modified, and not just the modification alone,
Baker v Bath and North East Somerset Council, Hinton Organics (Wessex) Ltd (‘the Baker case”) concerns the procedure for screening planning applications for changes or extensions to existing or approved development.
Referral to the Secretary of State
Until amending Regulations are brought into force CLG considers that planning authorities must consider a situation where they have an application for a modification to existing development which does not satisfy the appropriate criteria or thresholds set for Schedule 2 development (and is not located in a sensitive area), but is likely to have significant environmental effects.
Under these circumstances the planning authority should ask the Secretary of State to consider making a screening direction under regulation 4(8) stating whether EIA is required.
A more detailed summary can be found here.
A full transcript of the judgment can be viewed on the British and Irish Legal Information Institute website, www.bailii.org/ew/cases/EWHC/Admin/2009/595.html.
This ruling has implications regarding the Pilkington Quarry applications being considered at committee tomorrow
