Non-compliance with EA Directive not fatal to planning application

The Court of Appeal has upheld the validity of a planning permission granted by the Secretary of State for a major development even though the procedures did not conform with the requirements of the 1985 EC Directive on environmental assessment. The decision is a reminder of the discretion as to remedies available to British courts, but it is also notable for the Court's willingness to look directly at the words of the Directive.