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FRIENDS OF BASILDON GOLF COURSE (Appellants) v BASILDON DISTRICT COUNCIL (Respondents) & BASILDON GOLF CENTRE LTD (Interested Party)

A screening opinion made pursuant to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 had been legally defective because it had grossly understated the amount of waste that would be brought onto the development site under the proposal and had insufficiently analysed the relevant ecological issues.

20 December 2010

The appellant organisation (F) appealed against a decision ((2009) EWHC 66 (Admin), (2010) Env LR 1) dismissing its application to quash a grant of planning permission by the respondent local authority. The local authority had owned a golf course. It let the course to the interested party (B) with which it jointly planned a development on the land. B applied for permission for development of a clubhouse, driving range, ancillary facilities and landscaping. On the same day as the application was made, an officer (S) of the local authority produced a screening opinion pursuant to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, and decided that an environmental impact assessment was not required. The proposed landscaping works involved substantial amounts of waste material being brought to the site which would create large bunds. In his opinion, S stated that less than 50,000 tonnes of material per year would be brought to the site....

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