Planning elephant traps
Thornton, Justine
Planning elephant traps - 2006 - New Law Journal 156(7228) 9 June 2006, 933-934(2) .
Considers the decisions in "Commission of the European Communities v United Kingdom" (ECJ C508/3, unreported) and "R v Bromley LBC ex p Barker" ([2006] EUECJ C-290/03, L133750). The ECJ decided that development consent must be given uniform interpretation throughout the EU, and that, where there is a multi-stage development consent, a planning authority can be required to carry out an environmental impact assessment at the reserved matters stage, even when no assessment was required on the outline planning application. It would be appropriate to carry out an assessment when it was clear that the project might have significant effects on the environment. Developers and planning authorities must now be prepared to carry out such an assessment at second stage.
EUROPEAN COMMISSION V UNITED KINGDOM
R V BROMLEY LBC EX P BARKER
R V SOS TRANSPORT EX P WELLS
DIRECTIVE 85/337/EEC
United Kingdom--
Planning elephant traps - 2006 - New Law Journal 156(7228) 9 June 2006, 933-934(2) .
Considers the decisions in "Commission of the European Communities v United Kingdom" (ECJ C508/3, unreported) and "R v Bromley LBC ex p Barker" ([2006] EUECJ C-290/03, L133750). The ECJ decided that development consent must be given uniform interpretation throughout the EU, and that, where there is a multi-stage development consent, a planning authority can be required to carry out an environmental impact assessment at the reserved matters stage, even when no assessment was required on the outline planning application. It would be appropriate to carry out an assessment when it was clear that the project might have significant effects on the environment. Developers and planning authorities must now be prepared to carry out such an assessment at second stage.
EUROPEAN COMMISSION V UNITED KINGDOM
R V BROMLEY LBC EX P BARKER
R V SOS TRANSPORT EX P WELLS
DIRECTIVE 85/337/EEC
United Kingdom--