Category: environmental protection

Regina (Allensway Recycling Ltd and others) v Environment Agency – WLR Daily

Posted May 29th, 2014 in environmental protection, law reports, notification, warrants, waste by michael

Regina (Allensway Recycling Ltd and others) v Environment Agency [2014] EWHC 1638 (Admin);  [2014] WLR (D)  225

‘Section 108(6) of the Environment Act 1995, when read together with Schedule 18 to that Act, only required seven days’ notice to have been given prior to the issue of a warrant for entry and inspection relating to residential premises where that warrant was to be issued under conditions (a) or (b) of paragraph 2(2) of the Schedule. There was no such notice requirement in relation to a warrant issued under conditions (c), (d) or (e).’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Legal challenge to controversial herring gull cull dismissed by judge – The Guardian

Posted May 21st, 2014 in airlines, birds, charities, costs, EC law, environmental protection, judicial review, news by tracey

‘A controversial cull of thousands of gulls in the UK will go ahead after a legal challenge by conservationists failed.’

Full story

The Guardian, 21st May 2014

Source: www.guardian.co.uk

Golf course judicial review case reversed on appeal – UK Human Rights Blog

Posted May 19th, 2014 in appeals, environmental protection, judicial review, local government, news, planning, public interest, sport by sally

‘The Court of Appeal has reversed the robustly expressed view of Haddon-Cave J (see my post here) that the grant of planning permission to a proposed “exclusive” golf club in Surrey should be quashed.’

Full story

UK Human Rights Blog, 18th May 2014

Source: www.ukhumanrightsblog.co.uk

High Speed 2, Hybrid Bills and Environmental Impact Assessment – Thirty Nine Essex Street

Posted May 12th, 2014 in bills, environmental protection, locus standi, news, select committees, transport by sally

‘This paper considers the hybrid bill process, as occasionally used to promote major infrastructure projects, and how this interacts with the Environmental Impact Assessment regime. In particular it deals with the current High Speed Rail (London – West Midlands) Bill, which is seeking powers to build and operate Phase I of the High Speed 2 railway (“the HS2 Bill”).’

Full story

Thirty Nine Essex Street, May 2014

Source: www.39essex.com

Council defeats developers in High Court skirmish over neighbourhood plan – Local Government Lawyer

Posted May 12th, 2014 in appeals, environmental protection, housing, inquiries, judicial review, local government, news, planning by sally

‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’

Full story

Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

Council wins appeal over quashing of golf course planning permission – Local Government Lawyer

Posted May 12th, 2014 in appeals, environmental protection, local government, news, planning, public interest, sport by sally

‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’

Full story

Local Government Lawyer, 9th May 2014

Source: www.localgovernmentlawyer.co.uk

Legal professional privilege does not automatically engage an EIR exception – Panopticon

Posted May 7th, 2014 in environmental protection, freedom of information, legal profession, news, privilege by sally

‘FOIA provides an exemption (s. 42) expressly for legal professional privilege; as is well known, there is ‘strong inherent weight’ in maintaining that exemption. What about the EIRs? LPP is not expressly mentioned, but regulation 12(5)(b) EIR applies to information the disclosure of which would adversely affect “the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature”. Does information attracting LPP automatically come within that exception? Many practitioners operate on the assumption that the answer is ‘yes’. The Upper Tribunal has on a previous occasion, however, left that question open: DCLG v IC and Robinson [2012] UKUT 103 (AAC); [2012] 2 Info LR 43.’

Full story

Panopticon, 6th May 2014

Source: www.panopticonblog.com

High Court challenge to Solihull Local Plan succeeds in relation to housing numbers and green belt boundaries – OUT-LAW.com

Posted May 2nd, 2014 in environmental protection, housing, news, planning by tracey

‘A planning inspector’s approach to the policy requirements of the National Planning Policy Framework (NPPF) in relation to housing provision in a local plan was not correct or lawful, a High Court judge has ruled.’

Full story

OUT-LAW.com, 1st May 2014

Source: www.out-law.com

Chagossians update – UK Human Rights Blog

Posted April 14th, 2014 in appeals, Chagos Islands, disclosure, EC law, environmental protection, fisheries, indigenous peoples, news by sally

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

Full story

UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

Full story

No. 5 Chambers, 10th March 2014

Source: www.no5.com

Prince Charles, the Guardian and the Unreasonable Veto – Panopticon

Posted March 18th, 2014 in appeals, attorney general, environmental protection, freedom of information, media, news, royal family, veto by tracey

‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’

Full story

Panopticon, 18th March 2014

Source: www.panopticonblog.com

Anti-fracking campaigners challenge eviction attempt in court – The Guardian

Posted March 7th, 2014 in demonstrations, energy, environmental protection, fracking, homelessness, human rights, news, trespass by tracey

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

Full story

The Guardian, 6th March 2014

Source: www.guardian.co.uk

Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

Posted March 3rd, 2014 in appeals, complaints, energy, environmental protection, interpretation, local government, news, planning by sally

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

Full story

Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

Sentencing Council launches new definitive guideline for environmental offences – Sentencing Council

Posted February 26th, 2014 in codes of practice, environmental protection, press releases, sentencing by tracey

‘The Sentencing Council is publishing a new guideline for judges and magistrates on the sentencing of environmental offences.’

Full press release

Sentencing Council, 26th February 2014

Source: http://sentencingcouncil.judiciary.gov.uk

Aarhus: CJEU rules against UK costs regime – UK Human Rights Blog

Posted February 19th, 2014 in costs, damages, EC law, environmental protection, injunctions, news, protective costs orders by sally

‘Litigation costs are troublesome, but they are particularly difficult in environmental cases where the claimant is not necessarily pursuing his private interests. This case is the result of a long-running and successful campaign by NGOs to persuade the EU Commission to investigate UK environmental legal costs. The main finding may not bother the UK too much, because wisely it saw this one coming and changed costs rules in environmental public law cases. But a subsidiary ruling about cross-undertakings as to damages will cause the courts, if not the Government, to rethink things.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities – OUT-LAW.com

Posted February 17th, 2014 in environmental protection, news, strict liability, waste by sally

‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘

Full story

OUT-LAW.com, 14th February 2014

Source: www.out-law.com

Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog

Posted February 17th, 2014 in environmental protection, judicial review, listed buildings, news by sally

‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’

Full story

UK Human Rights Blog, 16th February 2014

Source: www.ukhumanrightsblog.com

Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Posted February 12th, 2014 in appeals, complaints, environmental protection, fire, law reports, local government, waste by sally

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Law Commission says powers needed to curb non-native plants and animals- The Guardian

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports by tracey

‘Powers to control or eradicate invasive plants and animal species – such as Japanese knotweed or parakeets – should be given to government departments and environment protection authorities, the Law Commission has recommended.’

Full story

The Guardian, 11th February 2014

Source: www.guardian.co.uk

A new approach to controlling invasive non-native species – Law Commission

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports, Wales by tracey

‘We have published a report, making recommendations on the control of invasive non-native species as part of our project on wildlife.’

Full report

Law Commission, 11th February 2014

Source: www.www.justice.gov.uk/lawcommission