UK rapped for failing to insist on EIA for Crystal Palace
The UK was found guilty of failing to meet its responsibility to ensure full environmental impact assessments are carried out on large developments, in this case the Crystal Palace leisure complex in south London.
The European Commission also raised separate proceedings directly against the UK regarding the alleged breaches of the EIA Directive, which arose in respect of the planning application for the Crystal Palace leisure complex, as outlined above.
In its judgement of 4 May 2006 in the case of Commission v UK (Case C-508/03), the ECJ held that the UK had failed to fulfil its obligations under Community law by incorrectly transposing into domestic law Articles 2(1) and 4(2) of the EIA Directive, as a result of the national rules under which, in the case of outline planning permission with a requirement of subsequent approval of the reserved matters, an assessment may be carried out only at the initial stage of granting such permission, and not at the later reserved matters stage.
The remainder of the action by the Commission was however, dismissed.
The full judgement in the Case C-508/03 is available here.