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BARBARA BURRIDGE v BRECKLAND DISTRICT COUNCIL & GREENSHOOTS ENERGY LTD (Interested Party)

A judge had not erred in finding that a further screening opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 was unnecessary following an amendment to an application for planning permission for a renewable energy plant which involved the relocation of an associated proposed heat and power plant from its original adjoining rural site to an industrial site.

26 April 2013

[2013] EWCA Civ 228

CA (Civ Div) - Pill LJ, Davis LJ, Warren J

19 April 2013

The appellant (B) appealed against a refusal ([2012] EWHC 1102 (Admin), [2012] Env. L.R. 36) to quash two planning permissions granted to the interested party (G) by the respondent local authority.

The applications were for a biomass renewable energy plant and for a combined heat and power plant. The power plant was to be fuelled by biogas produced by the renewable energy plant, with an underground pipeline between the two plants. B lived approximately 260m from the proposed renewable energy plant. The original applications were for the two plants to be on adjoining rural sites. A screening opinion was carried out, under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, in relation to the renewable energy plant, which concluded that the development would not have a significant impact on the environment. G's application f...

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