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03 August 2011
Categories: Legislation
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Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (SI 2011/1824)

Replace the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, SI 1999/293, in relation to England along with subsequent amending instruments.

Commencement date
24 August 2011

Summary

Take account of recent case law Baker and Mellor cases which noted the following must be implanted so as to make UK domestic law match EU law:

  • consideration of the environmental effects of a change/extension not to be limited to just the change/extension, rather than looking at the effects of the development as a whole, once modified; and
  • third parties, as well as the administrative authorities concerned, must be able to satisfy themselves that the competent authority has actually determined, in accordance with the rules laid down by national law that an Environmental Impact Assessment was or was not necessary.
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