A screening opinion was given by a local authority that an Environmental Impact Assessment (EIA) was not required on an application for a wind turbine, some six years before the grant of permission.

The High Court has quashed the permission on the basis that the Secretary of State on an appeal should have reconsidered the EIA. It was not the lapse of time of itself that caused the decision, but the fact that the Secretary of State should have considered whether there was a material change in circumstances which would affect the viability of the EIA.

R (Mageean) v Secretary of State for Communities and Local Government [2010] EWHC 2652