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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Thornhill v Cambridge City Council & Anor [2015] EWCA Civ 340 (11 March 2015) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2015/340.html Cite as: [2015] EWCA Civ 340 |
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ON APPEAL FROM
HIGH COURT OF JUSTICE (QUEEN'S BENCH DIVISION)
(MRS JUSTICE PATTERSON DBE)
Strand London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE TREACY
LORD JUSTICE BEAN
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THORNHILL |
Applicant |
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- and - |
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CAMBRIDGE CITY COUNCIL AND ANOTHER |
Respondent |
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Mr Richard Ground (instructed by Penny Jewkes for the Local Authority) appeared on behalf of the Respondent
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LORD JUSTICE SULLIVAN:
Introduction
The Issue
The EIA Directive
The Regulations
"'Schedule 2 development' means development, other than exempt development, of a description mentioned in Column 1 of the table in Schedule 2 where: (a) any part of that development is to be carried out in a sensitive area; or (b) any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development."
"The carrying out of development to provide any of the following: (a) industrial estate development projects;(b) urban development projects, including the construction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas;(c) construction of intermodal transshipment facilities and of intermodal terminals (unless included in Schedule 1);(d) construction of railways (unless included in Schedule 1);(e) construction of airfields (unless included in Schedule 1);(f) construction of roads (unless included in Schedule 1);(g) construction of harbours and port installations including fishing harbours (unless included in Schedule 1);(h) inland-waterway construction not included in Schedule 1, canalisation and flood-relief works;(i) dams and other installations designed to hold water or store it on a long-term basis (unless included in Schedule 1);(j) tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport;(k) oil and gas pipeline installations (unless included in Schedule 1);(l) installations of long-distance aqueducts;(m) coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works;(n) groundwater abstraction and artificial groundwater recharge schemes not included in Schedule 1;(o) works for the transfer of water resources between river basins not included in Schedule 1;(p) motorway service areas."
"Any change to or extension of development of a description listed in Schedule 1 (other than a change or extension falling within paragraph 21 of that Schedule) or in paragraphs 1 to 12 of Column 1 of this table, where that development is already authorised, executed or in the process of being executed, and the change or extension may have significant adverse effects on the environment."
"In relation to development of a description mentioned in Column 1 of this table, the thresholds and criteria in the corresponding part of Column 2 of this table applied to the change or extension (and not to the development as changed or extended)."
Discussion
Conclusions
LORD JUSTICE TREACY:
LORD JUSTICE BEAN:
Order: Application refused.