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Barker, Regina (on the Application of) v London Borough of Bromley; HL 6 Dec 2006

References: [2006] UKHL 52, Times 07-Dec-2006, [2006] 3 WLR 1209
Links: Bailii
Coram: Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood
The House was asked whether the 1988 Regulations properly implemented the Directive so as to require environmental impact assessments where the developer first obtained outline permission and then approval of reserved matters, but the need for an assessment only became clear at that second stage.
Held: The authority did have the power to order an impact assessment at the second stage, and had misdirected itself when thinking it had not.
Statutes: Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (SI 1988/1199), Council Directive 85/337/EEC, Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293
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