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 had significant environmental effects. The purpose of the Directive is ‘to ensure that planning permissions which may affect the environment are made on the basis of full information.’
Judges:
Lord Hoffmann
Citations:
Gazette 03-Jun-1999, Times 12-Feb-1999, [1999] UKHL 7, [1999] 2 WLR 452, [2000] 1 AC 397, [1999] 1 PLR 116, [1999] 1 All ER 969
Links:
Statutes:
Planning and Compensation Act 1991, Council Directive 85/337/EEC
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v North Yorkshire County Council Ex Parte Brown and Another CA 9-Feb-1998
Local Authority must consider environmental assessments under new EU directives when reconsidering old mining planning permission. . .
Cited by:
Cited – 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. . .
Appeal to – Regina v North Yorkshire County Council Ex Parte Brown and Another CA 9-Feb-1998
Local Authority must consider environmental assessments under new EU directives when reconsidering old mining planning permission. . .
Cited – Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2) QBD 31-Jul-2000
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and . .
Lists of cited by and citing cases may be incomplete.
Environment, Planning
Updated: 28 July 2022; Ref: scu.87457
