Town and Country Planning (Environmental Impact Assessment) Regulations 1999
Are the authority duty bound to do so?
Town and Country Planning (Environmental Impact Assessment) Regulations 1999
Q A planning authority, having been asked to provide an opinion on whether an EIA is required, concludes that no such assessment is called for (negative screening opinion). Information later comes to hand suggesting that the matter should be reconsidered.
Are the authority duty bound to do so?
A No. However, unlike a positive opinion, and unlike a direction given either way by the Secretary of State, a negative opinion is not determinative. Hence, there can be exceptional cases where the authority could, notwithstanding the earlier opinion, require an EIA or seek a direction from the Secretary of State: see the informative judgment of Richards J in Fernback v Harrow London Borough Council [2001] EWHC Admin 278; [2001] 18 EG 173 (CS).
