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Title:
R (Evans) v. SSCLg ( R (on the application of Evans) and another (Respondents) v Her Majesty's Attorney General (Appellant))
Party:
United Kingdom of Great Britain and Northern Ireland
Region:
Europe
Type of document:
National - higher court
Date of text:
March 26, 2015
Data source:
InforMEA
Court name:
UK Supreme Court of Appeal
Seat of court:
London
Justice(s):
Lord Neuberger, President Lady Hale, Deputy President Lord Mance, Lord Kerr, Lord Wilson, Lord Reed, Lord Hughes
Reference number:
UKSC 2014/0137
ECOLEX subject(s):
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)