Richard Macrory's case commentary: demolition projects covered by EIA rules

A Court of Appeal decision means the government must rethink its approach to demolition projects and environmental impact assessments

Richard Macrory

The government will have to reconsider the current exclusion of most demolition projects from planning controls, following a recent Court of Appeal decision.

In R (on the Application of Save Britain’s Heritage) v Secretary of State for Communities and Local Government and Lancaster City Council ([2011] EWCA Civ 334 Court of Appeal (Civil Division) 25 March 2011), the court held that demolition projects fall within the scope of environmental impact assessment procedures under the 1985 EU Environmental Impact Assessment (EIA) Directive.

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