“The scale and nature of the proposed development, and the character of the surrounding area, are such that it is considered that the proposed development would not be likely to result in significant effects on the environment. It is considered that the main environmental effects of the proposal would relate to: i) its effects on the character and appearance of the rural landscape, and ii) its impact of local amenity due to noise and odour emissions. It is considered that any such effects would not extend beyond the local area and would not be complex in nature. No sensitive areas would be affected by the proposed development. It is considered that the proposed development would not have significant effects on the environment. Accordingly, this screening opinion finds that the proposal does not constitute EIA Development and that Environmental Impact Assessment is not required in this instance.”
“This Directive shall apply to the assessment of the environmental effects of those public and private projects which are likely to have significant effects on the environment.”
“For the purposes of this Directive: ‘project’ means: - The execution of construction works or of other installations or schemes, - other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources.”
“1. Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects. These projects are defined in Article 4. 2. The environmental impact assessment may be integrated into the existing procedures for consent to projects in the Member States, or, failing this, into other procedures or into procedures to be established to comply with the aims of this Directive.”
“3. Energy industry (a) Industrial installations for the production of electricity, steam and hot water (projects not included in Annex I); (b) Industrial installations for carrying gas, steam and hot water; transmission of electrical energy by overhead cables (projects not included in Annex I).”
“any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation.”
“Where a local planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development the authority or Secretary of State shall take into account in making that decision such of the selection criteria set out in Schedule 3 as are relevant to the development.”
“Where - (a) a local planning authority adopt a screening opinion; or (b) the Secretary of State makes a screening direction under these Regulations; to the effect that development is EIA development - (i) that opinion or direction shall be accompanied by a written statement giving clearly and precisely the full reasons for that conclusion; and (ii) the authority or the Secretary of State, as the case may be, shall send a copy of the opinion or direction and a copy of the written statement required by sub-paragraph (i) to the person who proposes to carry out, or who has carried out, the development in question.”
“The question whether the development is of a category described in either schedule must be answered strictly in relation to the development applied for, not any development contemplated beyond that. But the further question arising in respect of a Schedule 2 development, the question whether it ‘would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location’ should, in my judgment, be answered rather differently. The proposal should not then be considered in isolation if in reality it is properly to be regarded as an integral part of an inevitably more substantial development. This approach appears to me appropriate on the language of the regulations, the existence of the smaller development of itself promoting the larger development and thereby likely to carry in its wake the environmental effects of the latter. In common sense, moreover, developers could otherwise defeat the object of the regulations by piecemeal development proposals.”
“It is plain that the 1999 Regulations are geared to the actual application for development consent. That that is a legitimate approach for a Member State to adopt seems to me to be indicated by the definition of ‘development consent’ and the references thereafter to such consent in the amended Directive. It also accords with the observations of the Advocate –General in paragraphs 67-69 of his Opinion in Naturschutz. In my view there is no justification for treating the word ‘development’, as used repeatedly in the 1999 Regulations, as though it means ‘project’ of some wider kind: and the Regulations are clear that the relevant assessment is to be made by reference to the application for planning permission. Indeed were it otherwise, there could be difficulties in any given case in assessing just what ‘project’ might be involved or, even if there was some wider project in mind, just what form it might take.”
“Lastly, as the Court has already noted with regard to Directive 85/337, the purpose of the amended Directive cannot be circumvented by the splitting of projects and the failure to take account of the cumulative effect of several projects must not mean in practice that they all escape the obligation to carry out an assessment when, taken together, they are likely to have significant effects on the environment within the meaning of Article 2(1) of the amended Directive see, as regards Directive 85/337, Commission of the European Communities v Ireland (Case C-392/96 ) [1999] ECR 1-5901, para 76 and Abraham v Région wallonne (Case C-2/07 ),28 February 2008 , para 27.”
“. . . I do not think that course is properly open to us. The difficulty, as it seems to me, is that the adoption of a screening opinion, if one is required, is part of a process that leads eventually to the grant or refusal of planning permission. If any step in that process is legally flawed, the process as a whole is flawed and the grant of permission must be quashed. Accordingly, I think that there is no alternative but to grant the claimants the relief they seek.”
“Screening Directions are requested in respect of four planning applications for development near the village of Kenninghall, as listed below: i. Proposed renewable energy plant: 3PL/2012/0737/F ii. Proposed CHP plant: 3PL/2012/0738/F iii. Proposed poultry hatchery extension: 3PL/2011/1100/F iv. Proposed feed bins: 3PL/2012/0156/F Copies of the planning applications are attached to this letter. Full details of all associated documents, including plans, supporting documents and relevant correspondence can be viewed via the Council’s website . . .”
“By way of further background to these requests, I can advise as follows. The planning applications referred to above are causing major concern to many residents in the local community, and there has been a ground swell of criticism of the Screening Opinions adopted by the Council. Judicial review proceedings are on-going in respect of two related planning permissions granted by the Council in November 2011 for the proposed renewable energy plant and CHP Plant. Whilst the claim has been dismissed in the High Court, leave has been granted for this matter to be heard in the Court of Appeal. In the light of these particular circumstances, the further independent scrutiny of the proposals that Screening Directions would provide would be welcomed by the Council. It is hoped that this will enable the applications to proceed to determination with the confidence of the local community.”
“The applicant’s own design and access statement accepts that ‘The proposal is not a stand alone project’. The Secretary of State also accepts that the renewable energy plant cannot be treated as a separate proposal to that of the related combined heat and power unit and hatchery extension, the subjects of separate planning applications and EIA screening requests. The Secretary of State is satisfied that none of these applications can proceed without the other. In his opinion, the potential for cumulative environmental impacts, from all the related developments in the vicinity are such as to suggest that significant effects are likely. EIA is therefore required. Accordingly, in exercise of the powers conferred on him by regulation 6(4) of the 2011 Regulations, the Secretary of State hereby directs that the proposed development described in your request and the documents submitted with it, is ‘EIA development’ within the meaning of the 2011 Regulations.
“it is clear that the council complied with it, because it did give such consideration. Mr Moys says so and there is no reason for me not to accept that”
“61. In the light of the foregoing, the answer to the first question is that article 4 of Directive 85/337 must be interpreted as not requiring that a determination, that it is unnecessary to subject a project falling within Annex II to that Directive to an EIA, should itself contain the reasons for the competent authority’s decision that the latter was unnecessary. However, if an interested party so requests, the competent administrative authority is obliged to communicate to him the reasons for the determination or the relevant information and documents in response to the request made.”
“In my judgment, the decision not to have an EIA is a significantly different kind of decision from a refusal or grant of planning permission. The reasons for a preliminary administrative decision whether or not to have an EIA do not have to satisfy the same standards of information and reasoning as would apply to a substantive decision on a planning application. The degree of “grappling” is different, more provisional and less exacting. What matters with a decision of this character is that the reasons for it that were made available to the claimants suffice to satisfy the criteria in the passage cited from Mellor.”
“The Court of Justice has held that the national court’s obligation is to interpret domestic legislation, so far as possible, in the light of the wording and the purpose of a directive in order to achieve the result pursued by the directive and thereby comply with Community obligations….. It is sometimes also referred to as the principle of conforming interpretation.”