Regina (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 – Grant of consent comprising more than one stage.
The court ruled that ‘Classification of a decision as a ‘development consent’ within the meaning of article 1(2) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment must be carried out pursuant to national law in a manner consistent with Community law.
2. Articles 2(1) and 4(2) of Directive 85/337 are to be interpreted as requiring an environmental impact assessment to be carried out if, in the case of grant of consent comprising more than one stage, it becomes apparent, in the course of the second stage, that the project is likely to have significant effects on the environment by virtue inter alia of its nature, size or location.’

Citations:

Times 10-May-2006, [2006] QB 764, [2006] EUECJ C-290/03

Links:

Bailii

Statutes:

Directive 85/337/EEC

Cited by:

CitedBarker, 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 . .
Lists of cited by and citing cases may be incomplete.

European, Planning, Environment

Updated: 06 July 2022; Ref: scu.241475