Court of Appeal upholds EIA thresholds

In what appears to be its first judgment concerning regulations implementing the amended EC Directive on environmental impact assessment (EIA) of major projects, the Court of Appeal has held that the use of statutory thresholds is legitimate and in compliance with the Community law. The case concerned only one class of projects, but the decision will have wider application across all projects within the Directive's scope. The result is likely to bring a higher degree of certainty to local authorities on how to handle potential EIA development applications, but there will still be concern that the current structure contains procedural loopholes.

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