Cases - R v Secretary of State for the Environment, ex parte Berkeley
Record details
- Name
- R v Secretary of State for the Environment, ex parte Berkeley
- Date
- [2000]; [2000]
- Citation
- UKHL 36; 3 PLR 111
- Legislation
- Keywords
- Planning control
- Summary
-
The Secretary of State granted permission for the redevelopment of Fulham FC's ground. His decision was challenged on the ground that no environmental impact assessment had been made. Counsel for the Secretary of State contended that the decision should stand because there was, in substance, compliance with the environmental assessment regulations, as the required environmental statement was to be found in the applicant's statement of case, together with the planning authority's statement of case to the inspector (which incorporated various background papers including letters from consultees).
Giving the judgment of the House of Lords, Lord Hoffman stated that this 'paper chase' could not be treated as the equivalent of an environmental statement. He held that there was a failure to comply with the legislation and doubted that the court could exercise a discretion to uphold a planning permission that has been granted contrary to the terms of a directive. It might be different if there was a failure to observe the requirements of a clearly superfluous procedural step.