Burridge v Breckland at the Court of Appeal: of salamis and EIA

gavc law - geert van calster

In Burridge v Breckland, the Court of Appeal (permission to appeal with the Supreme Court is under consideration) had to consider the all too familiar issue of ‘salami’ projects: developments which singularly do not meet the thresholds to require an EIA but which do when joined together. Splitting needs to be considered carefully, for it may disguise an attempt to circumvent EIA requirements. On the continent, it is referred to as ‘saucisonner’.

In the case at issue, planning permissions was granted, subject to conditions, to Greenshoots Energy Ltd for a biomass renewable energy plant, and for a combined heat and power (‘CHP’) plant on nearby land. The CHP plant would be fuelled by biogas produced by the renewable energy plant.  In an earlier (later amended) stage of the application, the two plants were effectively joined: the CHP plant was moved ‘to have the environmental advantage of moving a part…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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