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Planning elephant traps

By: Contributor(s): Language: English Series: New Law Journal ; 156(7228) 9 June 2006, 933-934(2)Publication details: 2006Subject(s): Summary: 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.
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Journal article London Journal article L133792 (Browse shelf(Opens below)) 1 Available 133792-1001

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.