Planners must consider environmental impacts

The rote advice given to planners is to assume that the environmental permitting regime will operate effectively and so the operation of environmental permits should not be a consideration in planning decisions. However, two cases this year have indicated that this advice has contributed to decision-makers unlawfully failing to consider a development’s full environmental impacts.

The first of these cases, the Court of Appeal’s decision in R (Squire) v Shropshire Council ([2019] EWCA Civ 888), overturned the High Court’s ruling that the defendant had not acted unlawfully in granting consent for an intensive poultry-rearing facility.

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