The Law Reports (Appeal Cases)
[2001] 2 AC 603
House of Lords
Berkeley v Secretary of State for the Environment and another
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 (SI 1988 No 1199), reg 4(2)
—
Council Directive (85/337/EEC), art 2(1)