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R (Evans) v. SSCLg ( R (on the application of Evans) and another (Respondents) v Her Majesty's Attorney General (Appellant))

Country/Territory
United Kingdom
Type of court
National - higher court
Date
Mar 26, 2015
Source
UNEP, InforMEA
Court name
UK Supreme Court of Appeal
Seat of court
London
Judge
Lord Neuberger, President Lady Hale, Deputy President Lord Mance, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
Reference number
UKSC 2014/0137
Language
English
Subject
Land & soil, Air & atmosphere
Abstract

In this case the Council in considering an application for residential development which might affect a listed building initially issued a negative screening opinion but then changed its mind and decided EIA was required. The applicant applied for a screening direction, which found that there would be no significant effects.  The case stated that an approach which considered whether there was a real risk as opposed to a probability of an impact embodied a sufficiently precautionary approach was required.

(Provided by: Wildlife Direct)

Full text
uksc-2014-0137-judgment.pdf
Website
www.supremecourt.uk