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
This case cites:
- Cited – Regina (Barker) v Bromley London Borough Council, First Secretary of State intervening ECJ (Bailii, [2006] EUECJ C-290/03, Times 10-May-06, [2006] QB 764)
ECJ Environment & Consumers – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Crystal Palace development project – Projects falling within Annex II to Directive 85/337 – . .
This case is cited by:
- Cited – Friends of Basildon Golf Course v Basildon District Council and Another Admn (Bailii, [2009] EWHC 66 (Admin))
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
