Environmental Impact Assessment: Consultation and Caselaw Richard Harwood

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

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

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

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

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?

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

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

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

Environmental Impact Assessment: Consultation and Caselaw Richard Harwood