R (on the application of Gilbert) v Secretary of State for Communities and Local Government and others

Town and country planning – Planning permission. The second defendant local planning authority issued an enforcement notice against a range of unauthorised activities taking place on the site in question. The first defendant Secretary of State's inspector granted temporary planning permission for two years and imposed a noise cap. The interested party applied for planning permission to make the permission a permanent one. The Secretary of State issued a screening direction and planning permission was granted. The claimant's application for judicial review failed and the judge and declined to quash either the screening direction or the grant of a planning permission. The Court of Appeal, Civil Division, dismissed the claimant's appeal. It held, inter alia, that the judge had been wholly entitled to have concluded that concerns about enforceability of the cap did not affect the underlying measurement of noise which was relevant for the test on screening, namely, whether the noise was likely to be significant.

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