The Court of Appeal referred the case of R on the application of Mellor v Secretary of State for Communities and Local Government to the ECJ for a preliminary ruling on the interpretation of the 1985 Environmental Impact Assessment Directive and whether or not it is necessary to give reasons for the determination not to require an EIA when evaluating a request for planning permission to build a hospital.
The planning permission was quashed by the High Court on the ground that the council had failed to properly consider whether the development proposal (which fell within the category of an urban development project) should be subject to the Town and Country Planning (Environmental Impact Assessment) Regulations when the council issued its "screening opinion".
Originally the council decided that an EIA was not required but changed its mind following a representation by Mr Mellor. The developer had in the meantime asked the Secretary of State for a direction on the point. The Secretary of State also decided that no EIA was required on the basis of the proposal would not be likely to have significant effects on the environment by virtue of factors such as its nature, size or location. Mr Mellor applied for judicial review of this decision but the High Court refused to grant leave on the basis of an earlier decision of the Court of Appeal. The earlier decision had held that reasons did not have to be given for refusing to direct that an EIA was required and that if reasons were required, the Secretary of State had provided adequate reasons.
On Mr Mellor's further appeal, the Court of Appeal referred the matter to the ECJ for the preliminary ruling. The ECJ determined that a decision not to require an EIA, did not have to include reasons justifying that decision. However third parties need to be able to satisfy themselves that the decision had been made in accordance with the regulations that an EIA was or was not necessary. This therefore means that the decision maker must be prepared to give full reasons for screening opinions which state that no EIA will be required.
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