Environmental Impact Assessment - the latest objector challenge

摘要

This article highlights the latest legal hurdle created by objectors to the valid grant of planning permission for projects subject to environmental impact assessment (EIA). The problem arose this summer both in respect of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (now replaced) concerning EIA applications of long standing and under the current Regulations of 1999 (1999 Regulations). The issues raised would also apply equally to applications accompanied by Environmental Statements submitted to the DTI under the Electricity Act 1989 and governed by similar Regulations, in respect of applications, which result in the generation of in excess of 50 MW of electricity. To the relief of readers, in addition to addressing the problem, this article also provides an answer.