Environmental assessment and 'discretionary' projects

The Court of Appeal has recently reviewed the principles to be applied where a planning authority decides that a proposed project does not require environmental assessment. Resisting arguments that case law of the European Court of Justice called for a more intensive review of the issue by the courts, it ruled that the decision was essentially a matter of judgment by the planning authority, subject only to review by the courts on standard grounds that no reasonable authority could have come to such a decision.

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