Barker v London Borough of Bromley: Admn 23 Nov 2001

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. Did an outline permission and subsequent approval of reserved matters require an environmental impact assessment?
Held: The Directive was to be interpreted so as to give it a wide scope. The reserved matters would affect the appearance of the site. The 1988 Regulations would not require an assessment for approval of reserved matters. Nevertheless the Directive did not require assessments at each stage of a permission. There is no lacuna in the Regulations.
Lord Justice Brooke Lord Justice Latham And Mr Justice Burton
[2001] EWHC Admin 1038, [2000] Env LR 1
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, Directive 85/57/EEC
England and Wales
CitedRegina v North Yorkshire County Council, ex parte Brown and Another HL 12-Feb-1999
When a mineral planning authority set conditions on the continued operation of a quarry which had been operating since pre-1947, that decision was a development consent, and it required to be supported by an environmental impact assessment, since it . .
CitedBerkeley 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 . .

Cited by:
Appeal fromBarker, Regina (on the Application of) v London Borough of Bromley CA 23-Nov-2001
The court considered when time began to run for an application for judicial review where the question arose in the context of an outline planning permission granted subject to the approval of reserved matters.
The claimant challenged proposed . .

These lists may be incomplete.
Updated: 12 April 2021; Ref: scu.169844