ABSTRACT
Under the European Communities Act 1972, the UK is bound to accept EEC Directive 85/337 as the controlling document which lays down the rules for Environmental Assessment of major development in the UK. The application of these rules is consequently effected by Statutory Instrument, and not, as might be expected, by Act of Parliament. This means that the rules governing the scope and practice of Environmental Assessment are laid down by the Civil Service under the overall conditions of the Directive, and are not debated in either House of Parliament, as they would be if the provisions of the Directive were incorporated in a General Act. When the Directive was first formulated, UK legislators argued that the UK planning system already took into account all the environmental factors listed in the Directive, and that there was no need to adopt further controls. The UK was overruled on this matter, but nevertheless firmly placed the main Environmental Assessment procedures within the Town and Country Planning structure, although the Directive has been implemented by means of Regulations made under the European Communities Act 1972 and not, as might be expected, jointly with an amended Town and Country Planning Act.
