Environmental Impact Assessment in UK Law
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R (Jones) v Mansfield District Council
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As the judge said, the uncertainties may or may not make it impossible reasonably to conclude that there is no likelihood of significant environmental effect. It is possible in principle to have sufficient information to enable a decision reasonably to be made as to the likelihood of significant environmental effects even if certain details are not known and further surveys are to be undertaken.
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R an Taisce (The National Trust for Ireland) v The Secretary of State for Energy and Climate Change NNB Generation Company Ltd (Interested Party)
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There is no basis for this distinction, which is both unrealistic and unsupported by any authority. The distinction is unrealistic because elements of many major development projects, particularly the kind of projects within Annex I to the EIA Directive, will still be subject to design changes, and applying Mr. Wolfe's approach those projects will not have "already been designed" at the time when an environmental impact has to be carried out.
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R v North Yorkshire County Council, ex parte Brown and Another
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The principle in this and similar cases seems to me to be clear: the Directive does not apply to decisions which involve merely the detailed regulation of activities for which the principal consent, raising the substantial environmental issues, has already been given. But the procedure was nevertheless a new and freestanding examination of the issues and could therefore, in my opinion, require the information provided by an environmental impact assessment.
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Blewett v Derbyshire Waste Ltd
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The Regulations envisage that the applicant for planning permission will produce the environmental statement. It follows that the document will contain the applicant's own assessment of the environmental impact of his proposal and the necessary mitigation measures. The Regulations recognise that the applicant's assessment of these issues may well be inaccurate, inadequate or incomplete.
They recognise that an environmental statement may well be deficient, and make provision through the publicity and consultation processes for any deficiencies to be identified so that the resulting "environmental information" provides the local planning authority with as full a picture as possible.
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Davies v Secretary of State for Communities & Local Government
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In the present case, both the Inspector and the Secretary of State did consider whether the Park and Ride scheme and the link road were parts of a single scheme and concluded that they were not, and there has been no irrationality challenge to their conclusions in that respect. As was submitted by the interested party to the Inspector, the claimant's submission to the Inspector effectively turned the judgment in the Swale case on its head.
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Berkeley v Secretary of State for the Environment Transport and the Regions and Another
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Although section 288(5)(b), in providing that the court "may" quash an ultra vires planning decision, clearly confers a discretion upon the court, I doubt whether, consistently with its obligations under European law, the court may exercise that discretion to uphold a planning permission which has been granted contrary to the provisions of the Directive.
- The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
- The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
- The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
- The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009
- Environmental Impact Assessment
- Environmental Impact Assessment
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Interweaving planning procedures for environmental impact assessment for high level infrastructure with public procurement procedures
In the traditional setting of a tender procedure on infrastructure in the Netherlands, the procedure starts after the public decision-making procedure has been completed. In recent years, however, ...
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Regeneration of brownfield land: the environmental law challenges
Purpose: The purpose of the project was to investigate environmental law issues surrounding the regeneration of brownfield land. Design/methodology/approach: Following a literature review, an indu...... ... contaminatedland,waste management, water pollution,environmental impact assessment (EIA) issues and finally the politicalagenda is ... ...
- Environmental Impact Assessment - Scottish Changes
- Planning TV Spotlight On Environmental Impact Assessment
- Scottish National Heritage Environmental Impact Assessment Handbook 5th Edition
- Consultation On The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012