A development was approved without public consultation. Is this a breach of EU law?

What the Law Says

EU environmental law mandates public participation in planning decisions that may significantly affect the environment. Two key directives set binding requirements: the Environmental Impact Assessment (EIA) Directive and the Strategic Environmental Assessment (SEA) Directive.

The EIA Directive (2011/92/EU, as amended) applies to individual projects — such as large-scale infrastructure, industrial plants, or housing developments — likely to have significant environmental effects. It requires Member States to ensure the public is given 'early and effective opportunities' to participate in the decision-making process.

The SEA Directive (2001/42/EC) applies to plans and programmes — like regional spatial strategies or municipal development frameworks — that set the framework for future projects. It obliges authorities to consult the public before adoption, including on the draft plan and its environmental report.

Both directives require that the public be informed, consulted for a minimum period (typically at least 30 days), and given access to relevant information — including the environmental statement or report — before a decision is made.

Statutory Text

Member States shall ensure that the public concerned is given early and effective opportunities to participate in the environmental decision-making procedures covered by this Directive.

— Directive 2011/92/EU, Art. 6(4) — Public participation

Statutory Text

Member States shall ensure that the public is given early and effective opportunities to participate in the preparation of plans and programmes referred to in Article 3(2).

— Directive 2001/42/EC, Art. 8 — Public participation

Sources