A recent ruling by the law lords could have significant implications for new retail, leisure and industrial developments, as well as impacting on proposed new measures to speed up planning applications, says national construction and property consultant, Wakemans.
A London single mother who took her battle against property developers to the House of Lords won a landmark case which will compel the Government to legislate to force developers to consider environmental impact at every stage of the planning process.
Diane Barker opposed the construction of a 20-screen cinema multiplex, including the largest rooftop car park in Europe, opposite her south London flat. Ms Barker asked Bromley Council to carry out an Environmental Impact Assessment (EIA) which was refused as outline planning permission had been granted.
The latest ruling, which came after judges sought advice from the European Court of Justice, means that the law will have to change: developers who do not measure environmental impact at the outline stage of planning may be forced to do so later at the reserved matters stage.
The implications of the ruling could seriously undermine the Government’s efforts to speed up planning, says Wakemans Director Adrian Aston.
“Residents, local pressure groups and adjoining owners will now be able to insist that developers of large projects with significant traffic and parking requirements take the environmental effects into consideration at every stage of the planning process,” he commented.
“This ruling could well add to the complexities of the planning process just as the Government is trying to speed it up following the Barker Review.
“Developers need to ensure that they take their EIA responsibilities seriously at a very early stage. In some cases it may be preferable to go for full planning consent from the outset, despite the time and cost implications, to ensure that they are not caught out with what could be extremely onerous planning conditions being imposed after outline permission has been granted.”
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