Environmental Impact Assessment: Consultation and Caselaw

1. Environmental Impact Assessment:Consultation and Caselaw Richard Harwood

2. Draft EIA Regulations • Consolidation • Reasons • Changes to projects • Handling of subsequent applications

3. Mellor reasons • Current regulations – no reasons for negative screening • Mellor European Court of Justice and Court of Appeal – reasoning on request, adequate to assess lawfulness • Consultation – reasons with screening opinion

4. Changes and cumulative effects • R(Baker) v BANES • Threshold for screening is the whole project – error in the regulations • Then consider cumulative effect with the rest of the project

5. Cumulative effects • R(Brown) v Carlisle City Council • Airport works (in s.106) part of cumulative effect of freight distribution centre • Smout modifications to quarry and landfill consents

6. Subsequent applications • Reserved matters and approvals under conditions • EIA can be necessary if issues not addressed earlier • Regard to EIA material • If previous EIA, is update required? • If omitted, is EIA required?

7. Transposition problems • Publicity as to how to seek screening opinion or direction Baker • Exceptional circumstances for retrospective EIA planning permissions Ardagh • Modification orders: Hafod quarry, Smout

8. Quick reminders • ‘likely’ means ‘risk’ R(Morge) v Hampshire • Liberal approach to interpreting categories; need for screening opinion R(Chetwynd) v South Norfolk • Publicity of statement of reasons and mode of challenge following decision R(Hethel) v South Norfolk

9. Pending issues • Meaning of semi-natural land Wye Valley • Whether demolition on its own is within the Directive SAVE Lancaster, Commission v Ireland

10. Environmental Impact Assessment:Consultation and Caselaw Richard Harwood