Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to make the statement to say what had been considered. Held: At the outline application stage, the plan had to provide … Continue reading Burkett, Regina (on the Application of) v Hammersmith and Fulham: Admn 15 May 2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement. Held: When making the screening decision, it cannot be assumed that at each stage a favourable and satisfactory result will be achieved. There will … Continue reading Bellway Urban Renewal Southern v Gillespie: CA 27 Mar 2003
Citations:  EWHC Admin 203 Links: Bailii Statutes: Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 Planning, Environment Updated: 25 May 2022; Ref: scu.136751
The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
The Secretary of State need not give any reasons for his decision not to require an environmental impact assessment for a development. Citations: Times 18-May-1998 Statutes: Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199) Jurisdiction: England and Wales Environment Updated: 11 May 2022; Ref: scu.87810
The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999
The local planning authority adopted a screening opinion that proposed development was not development requiring an EIA under the 1999 Regulations. About a year later it granted planning permission for the proposed development. Local residents challenged the legality of the planning permission. It was open to a planning authority to reconsider the need for an … Continue reading Regina (Fernback and Others) v Harrow London Borough Council: QBD 15 May 2001
Failure to obtain environmental statement did not vitiate planning decision where there had otherwise been a thorough and fair planning procedure. A finding that the Secretary had acted in breach of regulations governing procedure on planning . .
The claimant challenged the grant of outline permission to develop the Crystal Palace, arguing that no Environmental Assessment had taken place. The need for one depended upon whether the directive had been properly incorporated into English Law. . .
The House was asked whether the 1988 Regulations properly implemented the Directive so as to require environmental impact assessments where the developer first obtained outline permission and then approval of reserved matters, but the need for an . .