The European Court of Justice ruled on 4th May in case C-290/03 that the English regulations prohibiting formal environmental assessment under Directive 85/337/EEC at the reserved matters stage of an outline permission are incompatible with the European Community law. The Court held that if the environmental effects are not identifiable until the reserved matters stage the assessment or a new assessment must be carried out at that stage. This effectively overturns the Court of Appeal decision in R (Barker) v LB Bromley  EWCA Civ 1766.
Robert McCracken QC, Gregory Jones and James Pereira appeared for the successful Ms Barker. For further information about the implications of this decision contact them. For information about the forthcoming seminar on EIA contact Joanne Chadwick our Chambers Manager.