In 1997 Thanet District Council granted outline planning permission for a business park in Ramsgate. The developer had not provided an environmental impact assessment with his planning application nor did the council seem to require one. There was no evidence to indicate what, if any, consideration the council gave to the matter.

In 2002 the council granted outline planning permission for a leisure development on part of the business park site. Again the council had not required an environmental impact assessment.

In 2004 the developer sought approval of certain reserved matters relating to the leisure development. The council made a screening decision that that no environmental impact assessment was required before the reserved matters could be approved and accordingly approval was given.

The appellant argued that the approval should be quashed on the basis of the lack of an environmental impact assessment.

The essential issues were whether the council’s conduct of the screening exercise in relation to the application for approval of reserved matters and the lack of requiring an environmental impact assessment were perverse.