Judicial review: R v Secretary of State for the Environment, Transport and the Regions ex parte Marson (18 May 1998) Court of Appeal

The Secretary of State examined development proposals in order to ascertain if they would be likely to have a significant impact on the environment and thus give rise to the requirement for an environmental impact statement under Section 71A of the Town and Country Planning Act 1990. The Secretary of State concluded that the proposals were unlikely to have any significant impact on the environment. Mr Marson sought to challenge this decision, by way of judicial review, on several grounds including that no reasons had been given for the Secretary of State's findings. The Court of Appeal found that reasons, although briefly stated, had been given and that a decision by the Secretary of State as to lack of need for an environmental impact assessment could not be challenged on the basis that the statement giving the decision was very brief. Although in this instance the Courts resisted intervening in the processes established to provide appropriate protection for the environment, a number of decisions have been successfully challenged. As a result, development companies who have secured the relevant permits and consents may nevertheless face action by environmental pressure groups and other third parties seeking to challenge the regulatory procedures. (Practical Law for Companies, July 1998)