The conclusion that the development was not EIA development was unlawful given that the officer report failed to consider cumulative impact, failed to have regard to the location of the site adjacent to a Site of Special Scientific Interest and failed to provide adequate reasons. The decision to grant permission was also unlawful because the local planning authority had failed to publish a negative screening opinion. 
 
Michael Feeney acted for the successful Claimant, instructed initially by Emma Montlake at the Environmental Law Foundation and then Patrick Lyons at Richard Buxton Solicitors.