Jurisdiction(s):
United Kingdom

EIA project definition: adjacent stand-alone schemes not one project; cumulative effects assessment suffices; procedural limits on amending JR grounds - Wingfield v Canterbury CC [2019] EWHC 1975 (Admin)

Published on: 25 July 2019

Published by a LexisNexis Planning expert

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Article summary

R (on the application of Wingfield) v Canterbury City Council [2019] EWHC 1975 (Admin)

What are the practical implications of this case?

The decision does not establish any new legal principle, but usefully reiterates settled law concerning what is commonly termed ‘salami slicing’. This describes breaking up a single development into smaller elements that fall beneath EIA thresholds, thereby sidestepping the need for an environmental assessment. Salami slicing has been found to be unlawful and should be avoided. The judgment confirms that defining the relevant ‘project’ for EIA purposes is a matter for the competent authority’s judgment, though it remains susceptible to challenge on grounds of Wednesbury rationality or other public law error. Lang J indicated that the following considerations are pertinent when deciding whether two schemes amount to a single project for the EIA regime:

common ownership—two sites held or promoted by the same person may point to a single project (Larkfleet)
simultaneous determinations—two applications considered and determined by the same committee on the same day...

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