R (on the application of Barker) v Bromley London Borough Council
R (on the application of Barker) v Bromley London Borough Council
- 2006
[2006] UKHL 5, 6 December 2006. The respondent planning authority had granted outline planning permission for a development on the site of the park but had not considered at that stage that an environmental impact assessment (EIA) needed to be carried out. When the developer submitted an application for the approval of reserved matters, a number of councillors indicated that they wished an EIA to be carried out before the reserved matters were approved. The issue before the court was whether, by failing to provide for the situations where an EIA might be required at the reserved matters stage, the 1988 Regulations failed fully and properly to implement the Directive. "Held": the European Court of Justice ruled that Art.2(1) and Art.4(2) of Council Directive 85/337 were to be interpreted as requiring an EIA to be carried out if the project was likely to have significant effects on the environment by virtue of its size, nature or location.
TOWN AND COUNTRY PLANNING (ASSESSMENT OF ENVIRONMENTAL EFFECTS) REGULATIONS 1988
COUNCIL DIRECTIVE 85/337
R V BROMLEY LBC AND ANOTHER EX P BARKER
R V SOS TRANSPORT EX P WELLS
LONDON
[2006] UKHL 5, 6 December 2006. The respondent planning authority had granted outline planning permission for a development on the site of the park but had not considered at that stage that an environmental impact assessment (EIA) needed to be carried out. When the developer submitted an application for the approval of reserved matters, a number of councillors indicated that they wished an EIA to be carried out before the reserved matters were approved. The issue before the court was whether, by failing to provide for the situations where an EIA might be required at the reserved matters stage, the 1988 Regulations failed fully and properly to implement the Directive. "Held": the European Court of Justice ruled that Art.2(1) and Art.4(2) of Council Directive 85/337 were to be interpreted as requiring an EIA to be carried out if the project was likely to have significant effects on the environment by virtue of its size, nature or location.
TOWN AND COUNTRY PLANNING (ASSESSMENT OF ENVIRONMENTAL EFFECTS) REGULATIONS 1988
COUNCIL DIRECTIVE 85/337
R V BROMLEY LBC AND ANOTHER EX P BARKER
R V SOS TRANSPORT EX P WELLS
LONDON