The Weekly Law Reports
[2000] 3 WLR 420
[HOUSE OF LORDS]
BERKELEY Appellant and SECRETARY OF STATE FOR THE ENVIRONMENT and Another Respondents
2000 June 6,
7;
July 6
July 6
Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Millett
Town Planning
— Development
— Environmental assessment
— Urban development project
— Proposed stadium redevelopment encroaching on river bank
— Secretary of State holding public inquiry where documents available setting out environmental issues
— Failure by Secretary of State to consider whether environmental assessment procedure necessary
— Whether subsequent grant of planning permission ultra vires
— Whether objectives of environmental assessment met
— Court's discretion
—
Town and Country Planning Act 1990 (c. 8), s. 288(5)(b)
—
Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (S.I. 1988 No. 1199), reg. 4(2)
—
Council Directive (85/337/E.E.C.), art. 2(1)