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Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to shredded tyres, and the applicants had mounted a sustained challenge. The applicants had not … Continue reading Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

Mortell, Regina (on the Application of) v Oldham Metropolitan Borough: Admn 30 Mar 2007

The claimant sought orders quashing planning permissions granted for the re-development of land around Derker Station. Judges: Sir Michael Harrison Citations: [2007] EWHC 1526 (Admin), [2007] JPL 1679 Links: Bailii Statutes: Environmental Impact Assessment Directive 85/337/EEC, Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Jurisdiction: England and Wales Cited by: Cited … Continue reading Mortell, Regina (on the Application of) v Oldham Metropolitan Borough: Admn 30 Mar 2007

Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008

Ecologistas En Accion-Coda v Ayuntamiento de Madrid: ECJ 25 Jul 2008

EU Environment And Consumers – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of projects on the environment – Refurbishment and improvement works on urban roads – Whether subject to assessment. Citations: C-142/07, [2008] EUECJ C-142/07 Links: Bailii Statutes: Environmental Impact Assessment Directive (85/337/EEC) Jurisdiction: European Cited by: Cited – Save Britain’s Heritage, Regina … Continue reading Ecologistas En Accion-Coda v Ayuntamiento de Madrid: ECJ 25 Jul 2008

Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003

Plannning permission was sought. Objectors said that it would have such an impact that an environmental impact assessment was required. They now sought judicial review of the decision to proceed without one. Held: The judge had explained the approach correctly, and the role of the court is to conduct a Wednesbury review of the decision … Continue reading Jones, Regina (on the Application of) v Mansfield District Council and Another: CA 16 Oct 2003

Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

The claimant challenged the grant of planning permission for a new football ground for Fulham Football club, saying that an Environmental Impact Assessment had not been obtained, but was required. Held: Where a planning application if completed would have a substantial effect on the environment, and an environmental impact assessment should have been first obtained, … Continue reading Berkeley v Secretary of State For The Environment and Others: HL 11 May 2000

World Wildlife Fund and Others v Autonome Provinz Bozen and Others: ECJ 12 Oct 1999

The court considered a project for converting Bolzano airport in Italy from military to civilian use. The national law did not require the project to be subject to an Environmental Impact Assessment (EIA). The court asked whether the national law conformed to the Directive. The questions for the court included whether Article 4(2) of the … Continue reading World Wildlife Fund and Others v Autonome Provinz Bozen and Others: ECJ 12 Oct 1999

Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case): ECJ 24 Oct 1996

ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their discretion (see, in particular, VERBOND VAN NEDERLANDSE ONDERNEMINGEN). Consequently where, pursuant to national law, a court must or may raise … Continue reading Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case): ECJ 24 Oct 1996

Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

‘The appeal concerns a proposed development by Crisp Maltings Group Ltd (‘CMGL’) at their Great Ryburgh plant in Norfolk, in the area of the North Norfolk District Council (‘the council’). It was opposed by the appellant, Mr Matthew Champion, a member of the Ryburgh Village Action Group. The proposal involved the erection of two silos … Continue reading Champion, Regina (on The Application of) v North Norfolk District Council and Another: SC 22 Jul 2015

Walton v The Scottish Ministers: SC 17 Oct 2012

The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012

Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010

The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition. Held: The challenge was rejected. Whether an EIA was required for a … Continue reading Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others: Admn 14 May 2010