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 completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000
The Secretary of State need not give any reasons for his decision not to require an environmental impact assessment for a development. Citations: Times 18-May-1998 Statutes: Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (1988 No 1199) Jurisdiction: England and Wales Environment Updated: 11 May 2022; Ref: scu.87810
The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty they had the right to make such a request. It was held that … Continue reading Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England: QBD 26 Oct 1999
The local planning authority adopted a screening opinion that proposed development was not development requiring an EIA under the 1999 Regulations. About a year later it granted planning permission for the proposed development. Local residents challenged the legality of the planning permission. It was open to a planning authority to reconsider the need for an … Continue reading Regina (Fernback and Others) v Harrow London Borough Council: QBD 15 May 2001
Failure to obtain environmental statement did not vitiate planning decision where there had otherwise been a thorough and fair planning procedure. A finding that the Secretary had acted in breach of regulations governing procedure on planning . .