Berkeley v Secretary of State for the Environment

Subject Matter

TOWN PLANNING — Development — Environment 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, s 288(5)(b) — Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, reg 4(2) — Council Directive 85/337/EEC, art 2(1)

[2001] 2 AC 603; [2000] 3 WLR 420

Appellate History

Berkeley v Secretary of State for the Environment [1998] 3 PLR 39, CA

Decision of the Court of Appeal reversed

Berkeley v Secretary of State for the Environment [2001] 2 AC 603; [2000] 3 WLR 420; [2000] 3 All ER 897, HL(E)

Berkeley v Secretary of State for the Environment [1998] 3 PLR 39, CA

Decision of the Court of Appeal reversed

Berkeley v Secretary of State for the Environment [2001] 2 AC 603; [2000] 3 WLR 420; [2000] 3 All ER 897, HL(E)

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