Where a road or other development project would have a substantial impact on the environment, a law passed by a member state authorising the construction to proceed but which was in the absence of an impact assessment, was not in compliance with the Directive. It was not possible to bypass the procedure by use of special statutory powers. The Directive did not apply where its purposes were satisfied by a statutory process, but that implied the need for that process to produce a similar investigation.
Citations:
Times 05-Oct-2000, [2000] ECR I-6917, [2000] EUECJ C-287/98
Links:
Statutes:
Jurisdiction:
European
Cited by:
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.
Environment, Transport
Updated: 19 May 2022; Ref: scu.80973
