Planning (see also: Environmental impact assessment, Judicial review) - Berkeley v Secretary of State for the Environment and Fulham Football Club (12 February 1998) Court of Appeal

United Kingdom

Mr Berkeley applied for planning and listed building consents, which had been granted to Fulham Football Club, to be quashed as: (i) the Inspector did not take into account the unitary development plan or policy EN27, and (ii) Fulham Football Club were not required to produce an environmental statement in accordance with Council Directive 85/337/EEC on environmental impact assessment. The Court held that the Inspector had "fully considered" the environmental impact and need not refer to policy EN27 in his decision letter. Moreover there was a failure to provide an environmental statement but such a failure would not have any effect on the course of events or alter the decision. Therefore the application was dismissed. ([1998]PLSCS 42)