Check out the impact
Edwards, M.
Check out the impact - 2003 - Estates Gazette (0323) 7 June 2003, 132(1) .
Comments on two recent cases which confirm that judicial challenges to Local Planning Authority (LPA) decisions based upon alleged failure to comply with the Town and Country Planning (Environment Impact Assessment) (England and Wales) Regulations 1999 remain common. In "R v North Yorkshire CC ex p Richardson" ([2003] EWHC 764 (Admin), [2003] 18 EG 113 (CS)) it was held that the council had taken environmental information into account in its decision to grant planning permission and although they failed to publish a statement of reasons on the appropriate register this did not require permission to be quashed. In "R v London Underground Ltd ex p Prokopp" ([2003] EWHC 960 (Admin), [2003] 19 EG 119 (CS)) it was found that the LPA's decision not to take an enforcement action and to seek a s106 agreement amounted to 'development consent' for the purposes of Directive 85/337/EEC (as amended). Therefore the requirement for an environmental impact assessment arose.
R V NORTH YORKSHIRE CC EX P RICHARDSON
R V LONDON UNDERGROUND LTD EX P PROKOPP
TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 1999
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
ENVIRONMENTAL IMPACT ASSESSMENTS
DEVELOPMENT CONSENTS
DIRECTIVE 85/337/EEC
Check out the impact - 2003 - Estates Gazette (0323) 7 June 2003, 132(1) .
Comments on two recent cases which confirm that judicial challenges to Local Planning Authority (LPA) decisions based upon alleged failure to comply with the Town and Country Planning (Environment Impact Assessment) (England and Wales) Regulations 1999 remain common. In "R v North Yorkshire CC ex p Richardson" ([2003] EWHC 764 (Admin), [2003] 18 EG 113 (CS)) it was held that the council had taken environmental information into account in its decision to grant planning permission and although they failed to publish a statement of reasons on the appropriate register this did not require permission to be quashed. In "R v London Underground Ltd ex p Prokopp" ([2003] EWHC 960 (Admin), [2003] 19 EG 119 (CS)) it was found that the LPA's decision not to take an enforcement action and to seek a s106 agreement amounted to 'development consent' for the purposes of Directive 85/337/EEC (as amended). Therefore the requirement for an environmental impact assessment arose.
R V NORTH YORKSHIRE CC EX P RICHARDSON
R V LONDON UNDERGROUND LTD EX P PROKOPP
TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 1999
TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
ENVIRONMENTAL IMPACT ASSESSMENTS
DEVELOPMENT CONSENTS
DIRECTIVE 85/337/EEC