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Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003

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

Burkett, Regina (on the Application of) v Hammersmith and Fulham: Admn 15 May 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

Bellway Urban Renewal Southern v Gillespie: CA 27 Mar 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

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

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

Regina v Secretary of State for the Environment, Transport and the Regions and Another, ex parte Marson: CA 18 May 1998

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

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 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

Regina (Fernback and Others) v Harrow London Borough Council: QBD 15 May 2001

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