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Town & country planning

18 January 2013
Issue: 7544 / Categories: Case law , Law digest , In Court
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R (on the application of Gray) v Southwark London Borough and others [2012] EWCA Civ 1738, [2013] All ER (D) 13 (Jan)

It was settled law, following R (on the application of Blewett) v Derbyshire County Council [2003] All ER (D) 332 (Nov), that the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) recognised that an environmental statement might well be deficient and make provision through the publicity and consultation process for any deficiencies to be identified so that the resulting “environmental information” provided the local planning authority with as full a picture as possible. There would be cases where the document purporting to be an environmental statement was so deficient that it could not reasonably be described as an environmental statement defined by the 1999 Regulations, but they were likely to be few and far between.

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