R. (on the application of Buglife: the Invertebrate Conservation Trust) v Medway Council

摘要

The claimant charity ("B") renewed its application for permission to apply for judicial review of the defendant local authority's decision to grant planning permission to the first interested party ("N"). N had been granted outline permission, subject to conditions, to develop a brownfield site as a business park. B's principal object was the protection and preservation of natural invertebrate fauna and their conservation in the wild. It sought to quash the permission on the basis that there was an unacceptable risk that the development would cause significant adverse impact on the site and on the habitat that sustained it. B considered that the local authority had not complied sufficiently with the Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 (SI 2008/2093) and Directive 85/337 on the assessment of the effects of certain public and private projects on the environment [1985] OJ L175/40 ("the Environment Directive").