000 01840cam a2200265 4500
001 ABS66833
008 030618n2003 000 0 eng u
035 _a(Sirsi) u122662
100 _aEdwards, M.
245 _aCheck out the impact
260 _c2003
490 _aEstates Gazette
_v(0323) 7 June 2003, 132(1)
520 _aComments 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.
590 _aABS
650 _aR V NORTH YORKSHIRE CC EX P RICHARDSON
650 _aR V LONDON UNDERGROUND LTD EX P PROKOPP
650 _aTOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 1999
650 _aTOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995
650 _aENVIRONMENTAL IMPACT ASSESSMENTS
650 _aDEVELOPMENT CONSENTS
650 _aDIRECTIVE 85/337/EEC
690 _aPlanning and development
_96259
700 _aMartin, J.
942 _n0
999 _c72887
_d72887