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Court of Appeal dismisses appeal from High Court, and affirms refusal to quash the grant of an industrial emissions licence, on the grounds that: (a) the appellant had failed to establish that there had been a lack of an environmental impact assessment or that there was a need for a single integrated assessment; and (b) the appellant had failed to adduce evidence that the activities the subject matter of the licence had not commenced within the relevant seven-year period.
Birmingham P (nem diss): Judicial review - grant of industrial emissions licence - revised licence - gas refinery and combustion plant - environmental impact assessment (EIA)- 2011/92/EU (the Consolidated Environmental Impact Assessment Directive - alleged failure to transpose directive - Council Directive 2011/92/EU - whether EIA carried out in accordance with requirements of directive - whether approach of Environmental Protection Agency (EPA) was consistent with EU law - appropriate assessment - whether challenge to EIA was an impermissible collateral attack to validity of earlier consents - alleged failure to give reasons - expiration of licence - whether appellant was acting at 'considerable disadvantage' - whether activities the subject matter of the licence had commenced within the relevant seven year period - necessity of a Single Integrated Assessment.
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