000			02330cab a2200265 4500
001			L130518
008			050808n2005 000 0 eng u
035			_a(Sirsi) u130518
041			_aeng
245			_aR (on the application of Candlish) v Hastings BC
260			_c2005
490			_aEstates Gazette _v[2005] 29 EG 98(1)
520			_a[2005] EWHC 1539 (Admin), 14 July 2005. Discusses whether Sched 2 of the Town and Country Planning (Environment Impact Assessment) (England and Wales) Regulations 1999 should apply to the first phase of a phased development. The development was a 67ha site that the interested party planned to develop for residential, office and retail purposes. The defendants, the local planning authority (H), had granted permission having determined that the phase I application fell outside Sched 2 and therefore did not require an Environmental Impact Assessment (EIA). A local resident, Candlish (C) opposed the development and brought a claim for a judicial review, arguing that the whole development fell within Sched 2 of the Regulations. C claimed that the development needed an EIA as per Directive 85/337/EEC Art 2(1) prior to development consent being given since phase I had no meaningful existence of its own but related to the overall project and that splitting the project and the applications in two would circumvent the requirements of the Directive and the Regulations. "Held": the claim was dismissed. The Regulations clearly showed that determining the necessity for an EIA would only arise if the application had been assessed as a Sched 2 application.
590			_aIKA160805
650			_aR V HASTINGS VC EX P CANDLISH
650			_aTOWN AND COUNTRY PLANNING (ENVIRONMENT IMPACT ASSESSMENT)(ENGLAND AND WALES) REGULATIONS 1999 SCHEDULE 2
650			_aR V LEWISHAM LBC EX PGOODMAN
650			_aDIRECTIVE 85/337/EEC
650			_aBUND NATURSCHURTZ IN BAYERN EV V FREISTAAT BAYERN
650			_aAANNEMERSBEDRIJF PK KRAAIJEVELD BV V GEDEPUTEERDE STATEN VAN ZUID-HOLLAND
650			_aBERKELEY V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS (NO 3)
650			_aR V SWALE BC EX P ROYAL SOCIETY FOR THE PROTECTION OF BIRDS
690			_aENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT-ENVIRONMENTAL ASSESSMENT-ENVIRONMENTAL IMPACT ASSESSMENT
942			_n0
999			_c75671 _d75671