Law Report: Authority Had No Duty to Consider Need for Environmental Assessment Twice ; 5 December 2001 Regina (on the Application of Barker) V London Borough of Bromley Court of Appeal, Civil Division (Lord Justice Brooke, Lord Justice Latham and Mr Justice Burton) 23 November 2001

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THE TOWN and Country Planning (Assessment of Environmental Effects) Regulations 1988 fully implemented Council Directive (EEC) 85/57, so that there was no requirement on a local planning authority which had granted outline planning permission to consider the necessity for an environmental assessment at both the stage of granting outline permission and the stage of considering the reserved matters.

The Court of Appeal dismissed the appeal of Diane Barker against the dismissal of her application for judicial review of the decision of the respondent to grant planning permission for a development in Crystal Palace Park.

In March 1998 the respondent local planning authority granted outline planning permission, subject to conditions, for a development of leisure and recreational facilities on a site in Crystal Palace Park. At that stage the authority did not require an environmental assessment (EA) pursuant to Council Directive (EEC) 85/ 57, implemented in domestic law by the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, having been advised by its officers that there was no such requirement as a matter of law.

In May 1999 the authority considered and approved the matters reserved by the outline planning permission. The applicant was granted permission to apply for judicial review in June 1999. Her grounds included a challenge to the decision to grant outline planning consent. In April 2000 the judge set aside the grant of permission in so far as it applied to the grant of outline planning permission, and dismissed the application for judicial review in respect of the remainder.

The applicant was granted leave to appeal, limited to the argument that the authority was required by the Directive to consider the need for an EA at the time that it considered the reserved matters. The appeal raised the question whether the Directive had been prop- erly implemented in domestic law. …