City and District Council of St Albans v Secretary of State for Communities and Local Government, Hertfordshire CC v Secretary of State for Communities and Local Government

摘要

Articles 3(1) and 4 of Directive 2001/42 (the directive) required an environmental assessment to be carried out during the preparation of a framework plan for development and before it was adopted. The requirement for environmental assessments to be carried out before a regional spatial strategy was adopted was contained in the directive and in the Environmental Assessment of Plans and Programmes Regulations 2004 (the regulations) which gave effect to it. Hertfordshire CC and the City and District Council of St Albans (the claimant) contended that no proper assessment was prepared before the Secretary of State adopted a revision of the regional spatial strategy for the East of England (the plan), and that, in consequence, certain of its policies affecting Hemel Hempstead, Welwyn Garden City and Hatfield (the three towns) and Harlow should be quashed.