Is the grant of an outline planning permission automatically ruled out where the application is, or should be, accompanied by an environmental impact assessment?
Developers will be relieved to learn that a somewhat startling submission to that effect was rejected by Sullivan J in R v Rochdale Metropolitan Borough Council, ex parte Milne [2000] EGCS 103, it being important to note that full consideration was given to the observations of the House of Lords in Berkeley v Secretary of State for the Environment, [2000] EGCS 86*.
His lordship was, however, at pains to point out that where the need for an EIA arose, some applications would be manifestly unsuited to the outline permission procedure, while others (as instanced by an earlier hearing on the same development) would have to seek rather more than “bare” outline permission in order to be consistent with the aims of Directive (85/337/EEC). In the latter case, the reserved matters, unless claused with appropriate conditions, should not include matters that could give rise to fresh environmental considerations when approval is sought.
Related item:
PP 2000/80
Is the grant of an outline planning permission automatically ruled out where the application is, or should be, accompanied by an environmental impact assessment?
Developers will be relieved to learn that a somewhat startling submission to that effect was rejected by Sullivan J in R v Rochdale Metropolitan Borough Council, ex parte Milne [2000] EGCS 103, it being important to note that full consideration was given to the observations of the House of Lords in Berkeley v Secretary of State for the Environment, [2000] EGCS 86*.
His lordship was, however, at pains to point out that where the need for an EIA arose, some applications would be manifestly unsuited to the outline permission procedure, while others (as instanced by an earlier hearing on the same development) would have to seek rather more than “bare” outline permission in order to be consistent with the aims of Directive (85/337/EEC). In the latter case, the reserved matters, unless claused with appropriate conditions, should not include matters that could give rise to fresh environmental considerations when approval is sought.
Related item:
PP 2002/226
* The full transcript of this decision is available here.
