The Public and Third Sector Law Reports
[2013] PTSR 1194
Court of Appeal
Regina (Buckinghamshire County Council and others) v Secretary of State for Transport
Regina (HS2 Action Alliance Ltd)
v
Same
Regina (Heathrow Hub Ltd and another) v Same
[2013] EWCA Civ 920
2013 June 10,
11,
12,
13;
July 24
Lord Dyson MR, Richards, Sullivan LJJ
Planning— Development— Environmental assessment— Major national railways project— Command paper followed by post-consultation outline of plans in statement of decisions and next steps— Intended use of hybrid parliamentary Bill with deemed planning consent to realise project— Whether command paper “plan or programme” which “set the framework for future development consent” necessitating strategic environmental assessment— Whether proper for court to rule on compliance of proposed hybrid Bill with EU environmental planning formalities— Whether failure to re-consult unlawful—
Parliament and Council Directive 2001/42/EC, arts 1, 2(a), 3(2)
—
Parliament and Council Directive 2011/92/EU, art 6