||All England Reporter
|| All ER (D) 71 (Dec)
|| UKHL 52
||House of Lords
Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell and Lord Brown of Eaton-under-Heywood
||Robert McCracken QC and James Pereira (instructed by Richard Buxton, Cambridge) for the claimant.
||Timothy Straker QC and James Strachan (instructed by Sharpe Pritchard, agents for Bromley London Borough Council) for the authority.
||David Elvin QC and James Maurici (instructed by the Treasury Solicitor) for the First Secretary of State as intervener.
||6 December 2006
Town and country planning - Permission for development - Outline permission - Reserved matters - Assessment of environmental effects - Whether domestic regulations correctly transposing Community law - Whether environmental impact assessment could be required both before grant of outline permission and before grant of approval of reserved matters - Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, - Council Directive (EEC) 5/337.
By precluding any consideration for the need for an environmental impact assessment at the stage when, following the grant of outline planning permission, consideration was being given to an application for approval of reserved matters Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, failed fully and properly to implement Council Directive (EEC) 5-337(on the assessment of the effects of certain public and private projects on the environment). Outline planning permission and the decision approving reserved matters constituted, as a whole, a multi-stage 'development consent' within the meaning of art1(2) of the Directive.c
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