2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The appeal concerned the necessity for an Environmental Impact Assessment (EIA) for the redevelopment of Arlington site near Margate. The issue was whether cumulative effects of neighboring redevelopment projects were properly considered. The court upheld the previous decisions, affirming that cumulative effects were considered and no significant environmental impacts were found, making an EIA unnecessary. The court also dismissed claims of illegal 'project splitting''
Judgment
Lord Justice Maurice Kay :
1. The issue raised in this appeal is whether the proposed redevelopment of a site on the seafront at Margate ought to be subjected to an environmental impact assessment (EIA). The site comprises Arlington House and Arlington Square. I shall refer to it as “the Arlington site”. On 13 June 2013 the Secretary of State granted planning permission to Metropolitan Property Realizations Limited (MPRL) for the proposed redevelopment which would involve the construction of a Tesco Superstore with parking, services and an access road; the refurbishment of Arlington House; the construction of a 60 bed hotel; the demolition of existing retail premises and a 2-storey car-park; and the development of necessary sewerage infrastructure. Some 500 car parking spaces for leisure and tourist use would be lost. The grant of planning permission followed the recommendation of an Inspector’s Report dated 21 December 2012. The Secretary of State had previously issued a screening direction on 18 July 2012 to the effect that no EIA was necessary.
2. In consolidated proceedings in the Administrative Court the appellant, Louise Oldfield, sought to challenge the screening decision, the Inspector’s Report and the grant of planning permission. She is a local resident and businesswoman. She is also the Chair of the Margate Conservation Area Advisory Group and has acted on behalf of Friends of Arlington Margate. Her proceedings in the Administrative Court included both an application for a judicial review of the screening decision and an appeal pursuant to Section 288 of the Town and Country Planning Act 1990. The centrepiece of her case was and remains the failure to carry out an EIA. Her application and her appeal were dismissed by Lord Justice Moses sitting as a judge of the Administrative Court on 12 December 2013. She now appeals, permission having been granted by Lord Justice Jackson, who ordered an expedited hearing and directed that the appeal could be heard by a two-judge Court.
3. Next to the Arlington site lies Dreamland Amusement Park (the Dreamland site) which contains Grade II and Grade II listed buildings. It too is in need of redevelopment. Lord Justice Moses begun his judgment with the observation that the two sites are “of prime importance to Margate’s regeneration” : . The beach lying between these two sites and the sea is the subject of protective designations. It is a Ramsar site (being a wetland of international importance),