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Regina v North Yorkshire County Council, "Ex parte" Brown and another

Language: English Series: Weekly Law Reports ; [1999] 08 W.L.R. 452-459(4)Publication details: 1999Subject(s): Summary: HL 11 February 1999. In 1992, owners of a quarry operating under planning permission granted under the Town & Country Planning Act 1947 s.77, applied to the local mining planning authority to register the permission, under s.22 of the Planning & Compensation Act 1991. The permission was registered, and conditions were determined. Local residents applied for review of the decision, as no environmental impact assessment had been carried out under Council Directive 85/337/EEC, which requires an assessment before consent was given on projects liable to have effects on the environment. The application was dismissed, due to the permission having been granted in 1947. The Court of Appeal reversed the decision. "Held". The appeal was dismissed as Directive 85/337/EEC does not apply to decisions where the principal decision has been made. The authority would be required to apply the necessary criteria under article 4.2 of the Directive to decide whether to carry out an assessment on the quarr
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Law report London Journal article ABS60210 (Browse shelf(Opens below)) 1 Available 91841-1001

HL 11 February 1999. In 1992, owners of a quarry operating under planning permission granted under the Town & Country Planning Act 1947 s.77, applied to the local mining planning authority to register the permission, under s.22 of the Planning & Compensation Act 1991. The permission was registered, and conditions were determined. Local residents applied for review of the decision, as no environmental impact assessment had been carried out under Council Directive 85/337/EEC, which requires an assessment before consent was given on projects liable to have effects on the environment. The application was dismissed, due to the permission having been granted in 1947. The Court of Appeal reversed the decision. "Held". The appeal was dismissed as Directive 85/337/EEC does not apply to decisions where the principal decision has been made. The authority would be required to apply the necessary criteria under article 4.2 of the Directive to decide whether to carry out an assessment on the quarr