Case Law >> Reasonably foreseeable

4th November 2014


Related Topics

Related tags

  • Construction

Author

Amin Ferdowsian

In Commercial Estates Group v Secretary of state for communities and local government [2014] EWHC 3089 (Admin), the high court rejected claims that an environmental impact assessment (EIA) was necessary before the communities secretary approved plans for a residential development.

Commercial Estates Group (CEG) claimed that the communities secretary should have taken into account the potential large housing allocation (the sustainable urban extension or SUE proposal), which was in limbo following comments by the planning inspector, as it was a material consideration in the decision.

It also argued that it was reasonably foreseeable that the SUE proposal would eventually come forward and the secretary’s failure to consider it meant that the decision was unlawful.

The court agreed that the test was whether it was reasonably foreseeable that another development would occur. However, it considered it was unarguable that the common law meaning of reasonably foreseeable should apply.

The communities secretary had reasonably concluded that the process of creating a draft core strategy for the area had stalled and that the prospects of the wider development becoming a reality were unpredictable.

He had taken into account the fact that the core strategy had not yet been approved and that this had an effect on the likelihood of CEG’s proposal coming to fruition. On that basis, he was entitled to conclude that CEG’s proposal was not reasonably foreseeable.

The court would only interfere if the decision was “Wednesbury unreasonable” – that is, that no sensible decision maker could have come to that conclusion.


Transform articles

Regulator publishes new code to tackle 'greenwashing'

The Competition and Markets Authority (CMA) has published a new 'Green Claims Code' to ensure businesses are not misleading consumers about their environmental credentials.

22nd September 2021

Read more

Thames Water has been fined £4m after untreated sewage escaped from sewers below London into a park and a river.

30th July 2021

Read more

In June 2021, the UK’s governing Conservative Party lost a by-election in Chesham and Amersham, a seat it had held for 47 years. The principal reasons reported as the cause of this defeat were proposed planning reforms and the promotion of housebuilding on greenfield sites across the south of England.

30th July 2021

Read more

Half of consumers worldwide now consider the sustainability of food and drink itself, not just its packaging, when buying, a survey of 14,000 shoppers across 18 countries has discovered. This suggests that their understanding of sustainability is evolving to include wellbeing and nutrition, with sustainable packaging now considered standard.

30th July 2021

Read more

The total cost of waste crime in England has increased by 53% in just three years, and now costs the country nearly £1bn annually, a recent study has uncovered.

23rd July 2021

Read more

The oil and gas industry is set to burn through its allocated carbon budget 13 years early unless decisive action is taken immediately, new analysis has found.

22nd July 2021

Read more

The sale of new diesel and petrol heavy goods vehicles (HGVs) will be banned in the UK by 2040 under proposals unveiled in the government's transport decarbonisation plan yesterday.

15th July 2021

Read more

New jobs that help drive the UK towards net-zero emissions are set to offer salaries that are almost one-third higher than those in carbon-intensive industries, research suggests.

5th July 2021

Read more

The UK will no longer use unabated coal to generate electricity from October 2024, one year earlier than originally planned, the Department for Business, Energy & Industrial Strategy has announced.

2nd July 2021

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert