Source: All England Reporter
Publisher Citation: [2006] All ER (D) 71 (Dec)
Neutral Citation: [2006] UKHL 52
Court: House of Lords
Judge:

Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell and Lord Brown of Eaton-under-Heywood
Representation 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.
Judgment Dates: 6 December 2006

Catchwords

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.

The Case

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

Practice Areas

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