Barker, Regina (on the Application of) v London Borough of Bromley: HL 6 Dec 2006

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 assessment only became clear at that second stage.
Held: The authority did have the power to order an impact assessment at the second stage, and had misdirected itself when thinking it had not.


Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood


[2006] UKHL 52, Times 07-Dec-2006, [2006] 3 WLR 1209




Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (SI 1988/1199), Council Directive 85/337/EEC, Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293


England and Wales


CitedRegina (Barker) v Bromley London Borough Council, First Secretary of State intervening ECJ 4-May-2006
ECJ Environment and Consumers – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Crystal Palace development project – Projects falling within Annex II to Directive 85/337 . .

Cited by:

CitedFriends of Basildon Golf Course v Basildon District Council and Another Admn 23-Jan-2009
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 08 July 2022; Ref: scu.246816