In 2006 the House of Lords ruled that where an application for planning permission was made by way of an application for outline permission followed by reserved matters consent, an Environmental Impact Assessment may be required at both stages. R v London Borough of Bromley, ex parte Barker, determined that an EU Directive had not been properly transcribed into UK law and the relevant regulations were amended.

In the Buglife case (considered here), outline planning permission was granted for a major business park development, in at least four stages under a demand led business plan. Buglife claimed that the Environmental Impact Assessment (EIA) submitted was defective because it failed to provide adequate compensatory and amelioration measures to protect the invertebrate population of the site.

The court refused permission for that claim, but only on the basis that the EIA submitted at the outline stage was intended to be staged and was an interim EIA. Separate EIAs were intended to be prepared and submitted with reserved matters applications at each future stage of the development. The mechanics were a series of "Grampian" style conditions which prevented development of each stage until the relevant reserved matters with an EIA had been submitted.