Case Note: After Barker: Environmental Impact Assessment procedures in the UK planning regime

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EXTRACT:

The European Court of Justice (ECJ) held on 4 May 2006 that the planning regime in the United Kingdom inadequately transposes the Environmental Impact Assessment (EIA) Directive (Directive 85/337 EC – ‘the Directive’) for multiple-stage planning applications. It thereby raised serious implications for the EIA status of such applications and the procedures routinely adopted for their screening by planning authorities. This note summarises the issues and history of the cases, the key points of the judgments, and some implications for planning authorities, developers and the public.

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