Abergavenny market demolition to go ahead after judicial review

Optimisation Developments was given permission to demolish the cattle market and develop a new supermarket and library by the Council. That decision was lawful and there were "no grounds" to challenge it, the High Court judge ruled.

The judgment states that the Council's grant of planning permission followed detailed consultation with statutory consultees and others, including opposition group KALM, who brought the claim for judicial review proceedings. The Council's screening opinion had focused upon and addressed the relevant issues, the Court ruled.

In bringing the judicial review proceedings,  KALM claimed  that the Council had not carried out the screening opinion in accordance with the Regulations its decision had failed to assess the historic, cultural, environmental and socio-economic sensitivity of the site. However, the judge dismissed the claim and said that the reasons set out in the screening opinion "clearly demonstrate" that the Council had "understood and addressed" the requirements of the Regulations. The Court rejected the argument that a full EIA assessment was required prior to the grant of consent."It is difficult to avoid the conclusion that this challenge is in reality an attack upon the planning merits of the decision of the Council in granting planning permission to the interested party," said the judge.

The judgment, in its assessment of the relevant EIA legal regime, set out a summary of the case law applying to screening opinions. It states that a screening opinion does not involve a detailed assessment of factors relevant to the grant of planning permission and does not require all considerations to be mentioned. The opinion need not be elaborate, but must demonstrate that the issues have been understood and considered. When adopting a screening opinion a planning authority must provide sufficient information to enable anyone who is interested to see that proper consideration has been given to the possible environmental effects of the development so that they may  understand the reasons for the decision, the judgment summarised. The question of whether a project is likely to have a significant effect on the environment is one of degree which calls for the exercise of judgment.

"Most people accept that with the closure of other markets the trade going through Abergavenny livestock market has grown to such an extent that it cannot be contained on the restricted town site," said Monmouthshire County Council's deputy leader Bob Greenland.

"Selling the site to Morrisons gives local people the chance to shop here rather than travel miles to other centres.  It also helps the council defend against the threat of a superstore on the outskirts of the town and the proceeds from the sale will pay for the new market as well as give a much needed boost to our plans to re-build our secondary schools. This scheme also brings with it in excess of 200 jobs for local people which are much needed," he said.