The Secretary of State can accept an undertaking from water companies instead of making an order to satisfy the obligations under the European directives.
Times 08-Jun-1995, Independent 07-Jun-1995
Water Industry Act 1991 68(1)(a)
England and Wales
Updated: 21 January 2023; Ref: scu.87792
A Local Authority has no power to change a tree preservation order to ‘woodland’ on the making of the order.
Times 18-Jul-1995
Town and Country Planning Act 1990 199-1
England and Wales
Updated: 21 January 2023; Ref: scu.80390
The claimants sought an order that the defendant recommence part of the consultation process in respect of the Arun to Pagham flood and erosion risk management strategy.
Sullivan J
[2011] EWHC 939 (Admin)
England and Wales
Updated: 20 December 2022; Ref: scu.434863
The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules.
Times 26-Oct-1995, Independent 20-Oct-1995
Electricity Act 1989, Maastricht Treaty
England and Wales
Appeal from – Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others QBD 4-Oct-1994
Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation. . .
Appealed to – Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others QBD 4-Oct-1994
Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation. . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 December 2022; Ref: scu.87951
ECJ The concept of waste, within the meaning of Article 1 of Directive 75/442 and Article 1 of Directive 78/319, is not to be understood as excluding substances and objects which are capable of economic reutilization . The concept does not presume that the holder disposing of a substance or an object intends to exclude all economic reutilization of the substance or object by others.
Sir Gordon Slynn, P
C-206/88, [1990] ECR I -1461, R-206/88, [1990] EUECJ R-206/88
European
Cited – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
Lists of cited by and citing cases may be incomplete.
Updated: 12 December 2022; Ref: scu.215764
SIC Installation of cavity wall insulation – On 20 October 2013, Ms Wilson asked the City of Edinburgh Council (the Council) for information relating to the proposed installation of cavity wall insulation at a specified address. The Council informed Ms Wilson that the request was manifestly unreasonable and the information was therefore excepted from disclosure in terms of regulation 10(4)(b) of the EIRs.
The Commissioner found that the Council had failed to deal with Ms Wilson’s request for information in accordance with the EIRs, by incorrectly withholding information under the exception in regulation 10(4)(b) of the EIRs. She required the Council to respond to Ms Wilson’s requirement for review otherwise than in terms of regulation 10(4)(b).
[2014] ScotIC 096 – 2014
Environmental Information (Scotland) Regulations 2004
Scotland
Updated: 09 December 2022; Ref: scu.525566
The claimants challenged planning permission given for the erection of wind turbines.
Sedley, Lloyd, Sullivan LJJ
[2010] EWCA Civ 894, [2011] 1 WLR 1216, [2010] NPC 90, [2011] PTSR 630, [2011] BLGR 19, [2011] JPL 192
Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999
England and Wales
Updated: 09 December 2022; Ref: scu.421203
Challenge to terms of Integrated Pollution Prevention and Control permit
[2006] EWCA Civ 992, [2007] Env LR 3, [2007] JPL 217
England and Wales
Appeal from – Rockware Glass Ltd, Regina (on the Application of) v Chester City Council and Another Admn 24-Oct-2005
. .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 December 2022; Ref: scu.270180
(Judgment) Failure by a Member State to fulfil its obligations – Directive 97/68/EC – Non-road mobile machinery – Emission of gaseous and particulate pollutants)
C-320/99, [2000] EUECJ C-320/99
European
Updated: 07 December 2022; Ref: scu.162690
The Council challenged the grant of planning permission after a public enquiry for a mobile home and touring caravan site for gypsy families. They said that the inspector had not taken account of their objections to its effect on the flood plain and other accommodation.
Held: An analysis of the effect of flooding on neighbouring land had not been given proper weight by the inspector. Had he done so, the decision might well have been different, and therefore must be quashed.
[2009] EWHC 787 (Admin)
England and Wales
Cited – Bolton Metropoitan Borough Council v Secretary of State 1990
. .
Cited – ELS Wholesale (Wolverhampton) Limited v Secretary of State 1987
Planning appeal decision letters are not to be read on the basis that the Inspector is writing an examination paper, and one has to look not at the minutiae but at the real sense and basic content of the decision to which he had come. . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 December 2022; Ref: scu.341187
[2007] EWHC 2592 (Admin)
Environmental Protection Act 1990 59
England and Wales
Updated: 06 December 2022; Ref: scu.261378
ECJ Judgment – Reference for a preliminary ruling – Waste electrical and electronic equipment – Directive 2002/96/EC – Articles 2(1) and 3(a) and Annexes I A and I B – Directive 2012/19/EU – Articles 2(1)(a), 2(3)(b) and 3(1)(a) and (b), and Annexes I and II – Concepts of ‘electrical and electronic equipment’ and ‘electrical and electronic tools’ – Garage-door operating devices
C-369/14, [2015] EUECJ C-369/14
Directive 2002/96/EC 2(1) 3(a), Directive 2012/19/EU
European
Updated: 05 December 2022; Ref: scu.550996
[1999] EWCA Civ 792
England and Wales
See Also – Regina v Durham County Council Sherburn Stone Company Limited ex parte Huddlestone Admn 28-Jul-1999
. .
See Also – Regina v Durham County Council ex parte Rodney Huddleston Admn 17-Aug-1999
Variation of interim injunction to allow works preparatory to development pending appeal against refusal of planning permission. . .
See Also – Regina v Durham County Council Ex Parte Huddleston QBD 28-Jan-2000
A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. It was held however that where . .
See Also – Regina v Durham County Council and Others Ex Parte Huddleston CA 15-Mar-2000
A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. The UK system appeared not to . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.145707
Application by objector for judicial review of decision to grant planning permission for development of a site.
Stadlen J
[2013] EWHC 899 (Admin), [2013] WLR(D) 150
England and Wales
Updated: 04 December 2022; Ref: scu.472869
Appeal from award of costs against the appellants
[2010] Env LR D6, [2009] EWHC 886 (Admin)
Environmental Protection Act 1990 59
England and Wales
Updated: 04 December 2022; Ref: scu.428350
Mitting J
[2008] EWHC 475 (Admin), [2008] 2 P and CR 7, [2008] Env LR 31
England and Wales
Appeal from – Buglife – The Invertebrate Conservation Trust, Regina (on the Application of) v Thurrock Thames Gateway Development Corp CA 4-Nov-2008
The court considered an application for a protective costs order in judicial review proceedings in environmental law cases.
Held: The central decision was Corner House Research, but that was to be applied purposively and not rigidly. It was . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.266172
Renewed application for leave to bring judicial review – making of SSSI – granted.
Mummery LJ, Munby J
[2008] EWCA Civ 335
Wildlife and Countryside Act 1981 28
England and Wales
see Also – Boggis and Another, Regina (on the Application of) v Natural England and Another Admn 5-Dec-2008
The claimants wanted to erect a sacrificial barrier by way of a sea defence in order to protect cliffs from erosion. The site was then designated as a site of special scientific interest, and permission was required from the defendant, who refused, . .
See Also – Boggis and Another v Natural England CA 20-Oct-2009
Natural England appealed against the quashing of an SSSI.
Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 December 2022; Ref: scu.266778
Application for judicial review by the Claimant, who seeks to quash a noise abatement notice
The Honourable Mr Justice Julian Knowles
[2020] EWHC 1277 (Admin)
England and Wales
Updated: 27 November 2022; Ref: scu.650932
[2008] EWCA Civ 213
England and Wales
Updated: 27 November 2022; Ref: scu.266368
[2003] EWCA Civ 760
England and Wales
Appeal from – Murray, Regina (on the Application of) v Hampshire County Council Admn 21-Nov-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 November 2022; Ref: scu.183391
E.I.R regulation 12(5)(e) and (f) Whether the requested information was commercially confidential. Whether disclosure would have an adverse effect on the interests of the party providing the information to SACDC.
David Farrer QC TJ
[2014] UKFTT 2014 – 0025 (GRC)
Environmental Information Regulations 2004
England and Wales
Updated: 26 November 2022; Ref: scu.540419
An order allowing demolition of a listed building was possible even though the building itself remained viable. The function of the courts was to validate the decision making process, not the merits of the decision.
Lord Bridge analysed the effect of the requirement to show ‘substantial prejudice’, saying: ‘Whatever may be the position in any other legislative context, under the planning legislation, when it comes to deciding in any particular case whether the reasons given are deficient, the question is not to be answered in vacuo. The alleged deficiency will only afford a ground for quashing the decision if the court is satisfied that the interests of the applicant have been substantially prejudiced by it. This reinforces the view I have already expressed that the adequacy of reasons is not to be judged by reference to some abstract standard. There are in truth not two separate questions: (1) were the reasons adequate? (2) if not, were the interests of the applicant substantially prejudiced thereby? The single indivisible question, in my opinion, which the court must ask itself whenever a planning decision is challenged on the ground of a failure to give reasons is whether the interests of the applicant have been substantially prejudiced by the deficiency of the reasons given. Here again, I disclaim any intention to put a gloss on the statutory provisions by attempting to define or delimit the circumstances in which deficiency of reasons will be capable of causing substantial prejudice, but I should expect that normally such prejudice will arise from one of three causes. First, there will be substantial prejudice to a developer whose application for permission has been refused or to an opponent of development when permission has been granted where the reasons for the decision are so inadequately or obscurely expressed as to raise a substantial doubt whether the decision was taken within the powers of the Act. Secondly, a developer whose application for permission is refused may be substantially prejudiced where the planning considerations on which the decision is based are not explained sufficiently clearly to enable him reasonably to assess the prospects of succeeding in an application for some alternative form of development. Thirdly, an opponent of development, whether the local planning authority or some unofficial body like Save, may be substantially prejudiced by a decision to grant permission in which the planning considerations on which the decision is based, particularly if they relate to planning policy, are not explained sufficiently clearly to indicate what, if any, impact they may have in relation to the decision of future applications.’
Here again, I regret to find myself in disagreement with Woolf LJ who said, 60 P and CR 539, 557: ‘Once it is accepted that the reasoning is not adequate, then in a case of this sort it seems to me that, apart from the exceptional case where it can be said with confidence that the inadequacy in the reasons given could not conceal a flaw in the decision-making process, it is not possible to say that a party who is entitled to apply to the court under section 245 has not been substantially prejudiced.’
The flaw in this reasoning, it seems to me, is that it assumes an abstract standard of adequacy determined by the court and then asserts, in effect, that a failure by the decision-maker to attain that standard will give rise to a presumption of substantial prejudice which can only be rebutted if the court is satisfied that the inadequacy ‘could not conceal a flaw in the decision-making process.’ But this reverses the burden of proof which the statute places on the applicant to satisfy the court that he has been substantially prejudiced by the failure to give reasons. When the complaint is not of an absence of reasons but of the inadequacy of the reasons given, I do not see how that burden can be discharged in the way that Woolf L.J. suggests unless the applicant satisfies the court that the shortcoming in the stated reasons is of such a nature that it may well conceal a flaw in the reasoning of a kind which would have laid the decision open to challenge under the other limb of section 245. If it was necessary to the decision to resolve an issue of law and the reasons do not disclose how the issue was resolved, that will suffice. If the decision depended on a disputed issue of fact and the reasons do not show how that issue was decided, that may suffice. But in the absence of any such defined issue of law or fact left unresolved and when the decision was essentially an exercise of discretion, I think that it is for the applicant to satisfy the court that the lacuna in the stated reasons is such as to raise a substantial doubt as to whether the decision was based on relevant grounds and was otherwise free from any flaw in the decision-making process which would afford a ground for quashing the decision.’
Lord Bridge also considered the nature of the statutory duty on the Minister to give reasons under Rule 17(1) of the 1988 Rules. He said: ‘The three criteria suggested in the dictum of Megaw J. in In re Poyser and Mills Arbitration [1964] 2 QB 467, 478 are that reasons should be proper, intelligible and adequate. The application of the first of these presents no problem. If the reasons given are improper they will reveal some flaw in the decision-making process which will be open to challenge on some ground other than the failure to give reasons. If the reasons are unintelligible, this will be equivalent to giving no reasons. The difficulty arises in determining whether the reasons given are adequate, whether in the words of Megaw J., they deal with the substantial points that have been raised or in the words of Philips J. in Hope v Secretary of State for the Environment 31 P. and C.R. 120, 123 enable the reader to know what conclusion the decision-maker has reached on the principal controversial issues. What degree of particularity is required? It is tempting to think that the Court of Appeal or your Lordships’ House would be giving helpful guidance by offering a general answer to this question and thereby ‘setting the standard’ but I feel no doubt that the temptation should be resisted, precisely because the court has no authority to put a gloss on the words of the statute only to construe them. I do not think one can safely say more in general terms than that the degree of particularity required will depend entirely on the nature of the issues falling for decision.’
Lord Bridge of Harwich
[1991] 1 WLR 153, Times 01-Mar-1991, [1991] 2 All ER 10, [1991] 62 P and CR 105
England and Wales
Cited – Re Poyser and Mills’ Arbitration 1963
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must . .
Cited – Hope v Secretary of State for the Environment 1975
. .
Cited – Linden Developments Ltd v Secretary of State for Transport, Local Government and the Regions CA 27-Nov-2002
The developer made it clear in his application that only a development on the large scale envisaged would be satisfactory. The Inspector refused the application, and he appealed saying the Inspector had not said what size of development would have . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – Uprichard v Scottish Ministers and Another (Scotland) SC 24-Apr-2013
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had . .
Cited – Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another Admn 5-Dec-2014
The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it.
Held: The claim failed. The planning inspector’s report is the . .
Cited – AA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .
Cited – Dover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 November 2022; Ref: scu.183338
[1996] EWHC Admin 287
Control of Pollution Act 1974 60
England and Wales
Updated: 26 November 2022; Ref: scu.136835
Lord Justice Pill
[2007] EWCA Civ 1377, [2008] 1 WLR 923, [2008] Env LR 18, [2007] NPC 135, [2008] JPL 1311
Landfill Regulations (SI 2002/1559)
England and Wales
Updated: 26 November 2022; Ref: scu.262930
‘in what circumstances does or can material, which has become waste or derives from waste, cease to be waste if it is to be burnt as fuel: and, in particular, whether it can or does cease to be waste when a prior process is carried out for the purpose of rendering it safe to be burnt as fuel, or whether it only so ceases when it is so burnt. ‘
[2006] EWHC 3023 (Admin)
England and Wales
Updated: 26 November 2022; Ref: scu.246758
[2003] EWHC 448 (Admin), [2004] 1 WLR 579
Water Resources Act 1991 85(1) 85(6)
England and Wales
Updated: 20 November 2022; Ref: scu.184973
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 published had been published.
The House noted that draft judgments sent to the parties lawyers to assist with corrections had been used instead to seek to re-argue the case presented. This was an abuse of the system.
Lord Hoffmann: ‘But I agree with the observation of Carnwath LJ in Bown v Secretary of State for Transport, Local Government and the Regions [2004] Env LR 26, 526, that the speeches in Berkeley need to be read in context. Both the nature of the flaw in the decision and the ground for exercise of the discretion have to be considered. In Berkeley, the flaw was the complete absence of an EIA and the sole ground for the exercise of the discretion was that the result was bound to have been the same.’
Lord Hoffmann, Lord Hope of Craighead, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Mance
[2008] UKHL 22, Times 06-May-2008, [2008] Env LR 34, [2008] NPC 44, [2008] 16 EG 153, [2008] JPL 1278, [2009] 1 All ER 57, [2008] 1 WLR 1587, [2008] Env LR 34
Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000/1973), Environmental Protection Act 1990, European Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control
England and Wales
Cited – Rockware Glass Ltd, Regina (on the Application of) v Quinn Glass Ltd and Another CA 15-Jun-2006
Challenge to terms of Integrated Pollution Prevention and Control permit . .
Appeal from – Edwards, Pallikaropoulos v The Environment Agency, The First Secretary of State, Secretary of State for the Environment Food and Rural Affairs, Cemex UK Cement Limited CA 31-Jul-2006
. .
Dicta approved – Blewett, Regina (on the Application of) v Derbyshire County Council Admn 7-Nov-2003
Mr Blewett sought judicial review, quashing on three grounds a planning permission given by the Derbyshire County Council to Derbyshire Waste to use land at the former Glapwell Colliery in North-East Derbyshire, for ‘land reclamation by waste . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc ECJ 7-Sep-2004
ECJ Directive 92/43/EEC – Conservation of natural habitats and of wild flora and fauna – Concept of ‘plan’ or ‘project’ – Assessment of the implications of certain plans or projects for the protected site.
Cited – Commission v Germany ECJ 11-Aug-1995
Europa In exercising its powers under Articles 155 and 169 of the Treaty, the Commission, when bringing an action for failure to comply with obligations under the Treaty, does not have to show that there is a . .
Cited – Commission v Italy (Environment and Consumers) ECJ 23-Nov-2006
Europa Failure of a Member State to fulfil obligations – Assessment of the effects of certain projects on the environment – Waste recovery – Installation for the production of electricity by the incineration of . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – 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 . .
Approved – Bown v Secretary of State for Transport CA 31-Jul-2003
The appeal concerned the environmental effect of the erection of a bridge being part of a bypass. It was claimed that the area should have been designated as a Special Protection Area for Birds (SPA), and that if so it should be treated as such for . .
Cited – Sanderson v Hull CA 5-Nov-2008
Insufficient proof of cause of infection
The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The . .
Cited – Knaggs v Regina CACD 13-Jul-2009
The defendant appealed against a confiscation order, made on the basis of evidence secured from a probe installed in his car. He had made clear that he disputed the recordings. A second judge had inherited the proceedings, and ruled that he could . .
Cited – Boggis and Another v Natural England CA 20-Oct-2009
Natural England appealed against the quashing of an SSSI.
Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners . .
Cited – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Cited – McKeown v British Horseracing Authority Admn 12-Mar-2010
The judge had been asked to revise his draft judgment. The court set out the circumstances under which a draft judgment might be amended and why in this case he had rejected the request save as to clerical errors. . .
Cited – 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 . .
At HL – Edwards and Another, Regina (on The Application of) v Environment Agency and Others SC 15-Dec-2010
Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only . .
Cited – 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 . .
At HL – Edwards v Environment Agency (No 2) ECJ 11-Apr-2013
ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively . .
At HL – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 November 2022; Ref: scu.470551
Appeal against abatement notice – noise from Alton Towers.
Wilkie J
[2007] EWHC 624 (Admin)
Environmental Protection Act 1990 82
England and Wales
Updated: 19 November 2022; Ref: scu.250594
When an application had been made for planning permission for a waste incinerator, a neighbour had a sufficient interest to apply for a judicial review, but the Local Authority was right to pay heed to the Best Practicable Environmental Option requirement.
Gazette 22-Jul-1998, [1998] EWCA Civ 772
England and Wales
Appeal From – Regina v Bolton Metropolitan Council ex parte Roger Arthur Kirkhan Admn 19-Dec-1997
. .
Appeal To – Regina v Bolton Metropolitan Council ex parte Roger Arthur Kirkhan Admn 19-Dec-1997
. .
Lists of cited by and citing cases may be incomplete.
Updated: 18 November 2022; Ref: scu.144250
Applications for judicial review of planning proposals on the basis of inadequate environmental impact assessments.
Lindblom J
[2013] EWHC 977 (Admin)
Updated: 17 November 2022; Ref: scu.472898
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action Programmes on the designated vulnerable zones
AG Kokott set out the background to the SEA Directive, saying: ‘The specific objective pursued by the assessment of plans and programmes is evident from the legislative background: the SEA Directive complements the EIA Directive, which is more than ten years older and concerns the consideration of effects on the environment when development consent is granted for projects.
The application of the EIA Directive revealed that, at the time of the assessment of projects, major effects on the environment are already established on the basis of earlier planning measures (Proposal for a Council directive on the assessment of the effects of certain plans and programmes on the environment, COM(96) 511 final, p 6). Whilst it is true that those effects can thus be examined during the environmental impact assessment, they cannot be taken fully into account when development consent is given for the project. It is therefore appropriate for such effects on the environment to be examined at the time of preparatory measures and taken into account in that context.’
Mme Juliane Kokott AG
C-105/09, [2010] EUECJ C-105/09 – O, [2010] I-ECR 5611
Directive 91/676/EEC, Directive 2001/42/EC
European
Opinion – Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region ECJ 17-Jun-2010
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 November 2022; Ref: scu.403462
The court distilled four principles in deciding whether an environmental impact assessment was to be required. At the outline consent stage the planning authority must have sufficient details of any impact on the environment and of any mitigation to enable it to comply with its regulation 4(2) obligation; and there will be a failure to comply with regulation 4(2) if questions relating to the significance of the impact on the environment and the effectiveness of any mitigation are left over. But it is consistent with these principles to leave final details of, for example, a landscaping scheme, to be clarified in the context of a reserved matter or by virtue of a condition.
Lord Justice Sedley Lord Justice Waller Mrs Justice Black
[2003] EWCA Civ 262
England and Wales
Appeal from – Regina (Smith) v Secretary of State for the Environment, Transport and the Regions and others Admn 19-Dec-2001
. .
Cited – Burkett, Regina (on the Application of) v Hammersmith and Fulham Admn 15-May-2003
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 November 2022; Ref: scu.179550
[2020] EWHC 829 (Admin)
England and Wales
Updated: 14 November 2022; Ref: scu.649804
ECJ Opinion – Access to environmental information held by or for public authorities – Scope of the exception in Article 2(2) of Directive 2003/4/EC – Whether public authorities adopting executive regulatory instruments act in a legislative capacity
Sharpston AG
C-515/11, [2013] EUECJ C-515/11
Updated: 14 November 2022; Ref: scu.471943
ECJ Assessment of the effects of certain projects on the environment – Directive 85/337/EEC – Articles 2(1) and 4(2) – Projects listed in Annex II – Extension works to the infrastructure of an airport – Examination on the basis of thresholds or criteria – Article 4(3) – Selection criteria – Annex III, point 2(g) – Densely populated areas
T. von Danwitz, P
C-244/12, [2013] EUECJ C-244/12
Updated: 14 November 2022; Ref: scu.471949
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage.
Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not to be found in dictionary definitions. However, when construed in the context both of sub-section (1)(a) and s.33 as a whole, the preponderance of the argument favours and clearly so, the word ‘deposit’ including unintended escapes. The contrary argument, that this construction results in an unsatisfactory overlap with s.34 of the Act, falls to the ground because s.34 is inapplicable in such circumstances. Conscious though I am that s.33 gives rise to a penal provision, I am satisfied that the usual and strong presumption of a mens rea is here displaced.’
Gross LJ, Singh J
[2013] EWHC 472 (Admin)
Environmental Protection Act 1990 33(1)(a)
Cited – Shanks and Mcewan (Southern Waste Services) Ltd v Environment Agency Admn 14-Oct-1997
Mance J explained the need to construe the statute so as to identify the rule of attribution appropriate to the relevant statutory offence: ‘The rule of attribution appropriate to a particular situation (e.g., the nature and level of conduct or . .
Cited – Milton Keynes District Council v Fuller and Another Admn 23-Jun-2011
The magistrates had concluded that the movement of waste, previously tipped by others in the entrance to the Respondents’ field, did not amount to a ‘deposit’, within s.33(1)(a) of the 1990 Act. The Council appealed against dismissal of it . .
Cited – Regina (Thames Water Utilities) v The South East London Division, Bromley Magistrates’ Court ECJ 8-Feb-2007
ECJ Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) – Treatment of waste water Directive 75/442 Directive 91/271 Waste Concept . .
Cited – Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council Admn 8-Mar-2004
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an . .
Cited – Scott and Another v Westminster City Council CA 20-Mar-1995
A vendor’s ‘hot chestnut’ stall was an ‘item deposited on highway’ and could be removed by the Council under the 1980 Act. Waite LJ said: ‘The verb ‘to deposit’ is a term of wide connotation, apt to describe any state of affairs in which one object . .
Cited – Remet Co Ltd v Newham London Borough Council QBD 1981
The defendants, when loading non-ferrous metal swarf on to lorries standing on the highway, from time to time miscalculated the available space in a lorry being loaded, and some of the swarf accidentally fell on to the road. In respect of three such . .
Cited – Gammon (Hong Kong) Ltd v A-G of Hong Kong PC 1984
Lord Scarman expressed the purpose of imposing strict liability within criminal law: ‘In their Lordships’ opinion, the law relevant to this appeal may be stated in the following propositions . . : (1) there is a presumption of law that mens rea is . .
Cited – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 November 2022; Ref: scu.471921
[2016] UKFTT NV – 2016 – 0007
Environmental Protection Act 1990 46
England and Wales
Updated: 14 November 2022; Ref: scu.644251
ECJ Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Transitional rules for harmonised free allocation of emission allowances from 2013 – Benchmarks to be applied to calculate the allocation of emission allowances – Equal treatment – Proportionality
T-370/11, [2013] EUECJ T-370/11
Updated: 14 November 2022; Ref: scu.471540
ECJ REACH – Identification of anthracene oil, anthracene low as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality
T-95/10, [2013] EUECJ T-95/10
European
Updated: 14 November 2022; Ref: scu.471534
ECFI REACH – Identification of pitch, coal tar, high temperature as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality
T-93/10, [2013] EUECJ T-93/10
European
Updated: 14 November 2022; Ref: scu.471533
ECJ Environment – Waste – Hazardous waste – Directive 2008/98/EC – Old telecommunications poles treated with CCA (copper-chromium-arsenic) solutions – Registration, evaluation and authorisation of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – List of uses for treated wood in Annex XVII to the REACH Regulation – Old telecommunications poles used as underlay for duckboards
R Silva de Lapuerta, P
C-358/11, [2013] EUECJ C-358/11
Directive 2008/98/EC, Regulation (EC) No 1907/2006
Updated: 14 November 2022; Ref: scu.471539
‘This appeal is concerned with limited but important aspects of one power of sewerage undertakers, the implied power to discharge the contents of . . sewers . . on to third party property without the owner’s consent (‘the implied right of discharge’). This court held that that right was implied in the statutory framework governing sewerage undertakers in 1897. The central question on this appeal is this: was this right, as Newey J held, permanently saved from repeal in 1989 or 1991, as respects outfalls from sewers in place in 1989, because it was transferred under statutory transfer schemes for the transfer of property, rights and liabilities from the then sewerage undertakers to successor companies in preparation for privatisation in 1989?’
Arden, Sullivan, Patten LJJ
[2013] EWCA Civ 40, [2013] WLR(D) 50, [2013] 2 All ER 642, [2013] Env LR 20, [2013] 1 WLR 2570
England and Wales
Updated: 14 November 2022; Ref: scu.470831
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the notification. The claimants said that they could have considered alternative ways of protecting the land including acceptance of undertakings or alternative designations which were less onerous.
Held: The statute required that if the respondent remained genuinely convinced that the site satisfied the criteria, it had no discretion and had to confirm the notification. The notification was not therefore disproportionate. The claimant had disavowed any challenge of the underlying law, and therefore the claim failed.
Lightman J
[2003] EWHC 1599 (Admin), Times 15-Sep-2003, [2004] 1 WLR 503, [2004] Env LR 7, [2003] 4 All ER 366, [2004] JPL 217, [2003] NPC 84
Wildlife and Countryside Act 1981 28(1)
England and Wales
Cited – Regina v Nature Conservancy Council ex parte London Brick Property Ltd 1996
. .
Cited – Simplex GE (Holdings) Limited v Secretary of State CA 1988
A decision should in general be quashed if by way of error a relevant consideration is not taken into account or an irrelevant consideration is taken into account unless the decision-maker was bound on the facts to have reached the same conclusion . .
Cited – Oerlemans v The Netherlands ECHR 27-Nov-1991
Land was designated as ‘a protected natural site’, the effect of which was that agricultural activities could continue but that if the owner wished to alter or intensify the use of the land or to make certain changes in agricultural practices, . .
Cited – Fredin v Sweden ECHR 18-Feb-1991
A gravel pit licence was revoked without compensation pursuant to legislation brought in after the owner had acquired the pit but before it had begun to exploit it. The actual revocation took place after the pit had been exploited for a number of . .
Cited – James and Others v The United Kingdom ECHR 21-Feb-1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion.
Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a . .
Cited – Tre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
Cited – Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature QBD 6-Feb-2004
The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human . .
Appeal from – Regina on the Application of Fisher v English Nature CA 27-May-2004
The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew.
Held: The defendant’s . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 November 2022; Ref: scu.185635
Excess noise by nearby factory above World Health Organisation level was not an actionable nuisance. It was a question for each factual situation. An allowance had to be made for the character of the neighbourhood.
Lord Justice Nourse Lord Justice Pill And Lord Justice Thorpe
Gazette 18-Feb-1998, [1998] EWCA Civ 33, Times 21-Jan-1998, [1998] EG 6, [1998] Env LR 732, [1998] EHLR 198
England and Wales
Cited – Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the . .
Cited – Millard v Wastall 1898
The emission of black smoke from a factory chimney was a nuisance.
Held: When considering an order for the abatement of a nuisance, if the Justices considered it was necessary for things to be done to abate the nuisance, they had normally to . .
Cited – Walter v Selfe 1851
The burning of bricks on he defendant’s land was a nuisance to the plaintiff’s neighbouring house. An injunction was granted. The court should ask: ‘ought this inconvenience to be considered in fact as more than fanciful, more than one of mere . .
Cited – Rushmer v Polsue and Alfieri Limited CA 1906
The court considered the question of whether excess noise could constitute a nuisance.
Held: The court rejected the argument that a resident of a district specially devoted to a particular trade cannot complained of nuisance by noise caused by . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 November 2022; Ref: scu.143511
[2020] EWCA Civ 447
England and Wales
Updated: 13 November 2022; Ref: scu.649493
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ – Applicability of the directive to a procedure for the total or partial repeal of a land use plan)
J-C Bonichot, P
[2012] EUECJ C-567/10, [2012] 2 CMLR 30
European
Opinion – Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale ECJ 17-Nov-2011
ECJ Opinion – French Text – Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Applicability of the Directive in a proceeding to repeal all or part of a plan of . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 November 2022; Ref: scu.470543
ECJ Protection of the environment – Directive 2001/42/EC – Articles 2 and 3 – Assessment of the effects of certain plans and programmes on the environment – Protection of waters against pollution caused by nitrates from agricultural sources – Plan or programme – No prior environmental assessment – Annulment of a plan or programme – Possibility of maintaining the effects of the plan or programme – Conditions
Skouris P
[2012] EUECJ C-41/11
European
See Also – Inter-Environnement Wallonie And Terre Wallonne v Region Wallonne ECJ 8-Dec-2011
ECJ (Opinion) Protection of the environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 November 2022; Ref: scu.470542
ECJ Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Assessment of the effects of certain public and private projects on the environment – Incorrect transposition – Annexe II – Point 1(a) to (c) – Judgment of the Court of Justice – Finding of infringement – Article 260 TFEU – Pecuniary penalties – Lump sum payment – Member State’s ability to pay – Economic crisis – Assessment on the basis of current economic data
L. Bay Larsen acting P
C-279/11, [2012] EUECJ C-279/11
Updated: 12 November 2022; Ref: scu.468769
George Bartlett QC
[2006] EWHC 995 (Admin)
Transport and Works Act 1992 22
England and Wales
Updated: 12 November 2022; Ref: scu.241742
[2002] EWHC 1663 (Admin)
England and Wales
Updated: 12 November 2022; Ref: scu.175139
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action programmes in respect of vulnerable zones
Bonichot, P
[2010] EUECJ C-105/09
Directive 91/676/EEC, Directive 2001/42/EC
European
Opinion – Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region ECJ 4-Mar-2010
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 November 2022; Ref: scu.466955
Failure to fulfill obligations – Environment – Energy efficiency – Directive 2012/27 / EU – Article 9, paragraph 3 – Consumption of heating, cooling and hot water – Installation in buildings of individual consumption meters
ECLI:EU:C:2020:1017, C-347/19, [2020] EUECJ C-347/19
European
Updated: 10 November 2022; Ref: scu.660710
Lord Justice Pill
[2009] EWCA Crim 217, [2009] Env LR 29, [2009] PTSR 1476
Environmental Protection Act 1990
England and Wales
Updated: 09 November 2022; Ref: scu.311785
Application for interim measures – Directive 2003/87 / EC – Decision 2011/278 / EU – Greenhouse gas emission allowance trading system – Request for interim measures – Lack of urgency
ECLI:EU:T:2020:655, T-729/20, [2020] EUECJ T-729/20_CO
European
Updated: 09 November 2022; Ref: scu.660694
ECJ (Opinion) Aarhus Convention – Directive 2003/35/EC – Directive 85/337/EEC – Assessment of the effects of projects on the environment – Directive 96/61/EC – Integrated pollution prevention and control – Access to justice – Concept of ‘prohibitively expensive’ judicial proceedings
Kokott AG
C-260/11, [2012] EUECJ C-260/11
Directive 85/337/EEC, Directive 2003/35/EC, Directive 96/61/EC
Opinion – Edwards v Environment Agency (No 2) ECJ 11-Apr-2013
ECJ Environment – Aarhus Convention – Directive 85/337/EEC – Directive 2003/35/EC – Article 10a – Directive 96/61/EC – Article 15a – Access to justice in environmental matters – Meaning of ‘not prohibitively . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 November 2022; Ref: scu.465393
The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor stated what works were required to be undertaken to cure it.
Held: There were competing decisions, and the case should properly go forward to appeal.
Lord Justice Swinton Thomas And Lord Justice Hutchison
[1997] EWCA Civ 880
Environmental Protection Act 1990 79(1)
England and Wales
Cited – Sterling Homes v Birmingham City Council QBD 1996
The operations of a mammoth press by an industrial operator in close proximity to a residential block of which Sterling were freehold owners, caused a nuisance. The city council served on Sterling (not on the neighbouring industrial operator) an . .
Cited – Network Housing Association Ltd v Westminster City Council QBD 7-Nov-1994
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one . .
Appeal heard – Budd v Colchester Borough Council CA 3-Mar-1999
A nuisance notice, requiring a householder to remove a nuisance caused by barking dogs, need not specify the manner in which the nuisance was to be abated, or the degree of reduction which would be acceptable. There was no necessary implication that . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.141276
ECJ The directive relating to the discharge of dangerous substances into aquatic environments, included the precipitation of contaminated steam onto a water course. Pollution is defined as discharge into the water, and discharge as introduction of listed substances into the water. The contaminated steam settled upon the water and contaminated it. Not to prosecute would limit the effectiveness of the Directive.
Times 15-Oct-1999, C-231/97, [1999] EUECJ C-231/97
European
Updated: 05 November 2022; Ref: scu.77590
[2007] NICA 45, [2008] Env LR 28
Waste and Contaminated Land (Northern Ireland) Order 1997
Northern Ireland
Updated: 04 November 2022; Ref: scu.261673
The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation.
Held: The legislation clearly attempted to hold the contaminator primarily responsible for works of remediation. Where the contaminating owner was no longer available to pay the cost, its successors were to be held responsible.
Forbes J: ‘at the time of the relevant transfers the transferring company or body had undertaken activities which had resulted in a situation where contaminating substances were caused to be present on the site. That was in itself sufficient to give rise to liability on the part of that company or body under Part IIA, once those provisions were enacted and had come into force . . it is entirely consistent with the intention of Parliament in enacting the Gas Acts transfer provisions, that the transferee company (acquiring as it did, all the assets, rights and liabilities of the transferor) should step into the shoes of the transferor, not only in terms of current actual liabilities, but also in respect of liabilities that would come into being in the future in respect of the past activities of the transferor. In other words, the transferee would assume the exposure of the transferor (which would cease to exist under the scheme of the Gas Act in question) to future liability relating to past actions of the transferor. ‘
Forbes J
[2006] JPL 1823, Times 31-May-2006, [2006] EWHC 1083 (Admin), [2006] ACD 88, [2006] 1 WLR 3041, [2006] Env LR 49, [2007] 1 All ER 1163
Environmental Protection Act 1990, Gas Act 1972
England and Wales
Cited – Caledonian Railway Company v North British Railway Company HL 1881
The House considered the principle of the literal construction of a statute: ‘The more literal construction ought not to prevail, if . . it is opposed to the intentions of the Legislature, as apparent by the statute; and if the words are . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – Nash v Rochford Rural District Council CA 1917
A claim was made against the local highway authority for personal injury resulting from the defective construction of a highway drain. The plaintiff failed to prove that the defendant highway authority had been responsible for the construction of . .
Cited – Regina v HM Attorney-General for Northern Ireland and Another Ex Parte Devine CANI 1992
An inquest was held into three deaths thought to be at the hands of British soldiers. The coroner had admitted written evidence from statements taken by British officers on the basis that the makers of the statements were not compellable as . .
Cited – Walters v Babergh District Council 1983
An action was brought for for negligence and/or breach of statutory duty under the 1936 Act. The plaintiff alleged that Melford Rural District Council (‘Melford’: the Defendant Council’s predecessor) had failed to inspect with reasonable care the . .
Cited – Income Tax Commissioners for City of London v Gibbs HL 1942
Lord Macmillan considered the construction of the word ‘person’ in the context of a partnership under Scots law: ‘The word ‘person’ is in the singular, but it includes the plural and also any body of persons corporate or unincorporate: . .
Cited – Regina v Minister of Agriculture and Fisheries, Ex parte Graham CA 1955
On a true construction of section 104(5) of the Agriculture Act 1947 a sub-committee or a district committee of a county agricultural executive committee is not excluded from being ‘a person’ who may be appointed by the Minister to hear . .
Cited – Baxter v Stockton-on-Tees Corporation 1959
The court was asked to set out the responsibilities of the local authority as highway authority for any failure to construct, maintain and provide signage on its roads: ‘As to the hypothetical case against the county council, there is, as we have . .
Appeal from – National Grid Gas Plc, Regina (on the Application of) v The Environment Agency HL 27-Jun-2007
The Agency sought to impose liability on the appellant to remediate land which had been polluted by the appellant’s predecessor, the East Midlands Gas Board, claiming it to be a responsible as successor.
Held: The appeal succeeded: ‘the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.241748
Lindsay J
[2005] EWHC 657 (Admin), [2006] Env LR 3, [2005] JPL 1576, [2005] NPC 53, [2006] NPC 74
Environmental Protection Act 1990, Pollution Prevention and Control (England and Wales) Regulations 2000
England and Wales
Cited – Edwards and Another, Regina (on The Application of) v Environment Agency and Others SC 15-Dec-2010
Clarification was sought of the costs principles applicable on an application to the House of Lords. The paying party said that it was a requirement of the 1998 Convention under which the application fell, that a remedy should not be available only . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.224386
A company was criminally liable for the acts of its employees which had been carried out within the normal course of their employment.
Times 03-Feb-1994, Independent 03-Feb-1994, [1994] 4 All ER 286
England and Wales
Updated: 04 November 2022; Ref: scu.84187
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required Member States not to exceed limit values of nitrogen dioxide set for 1 January 2010.
Held: Relief was refused: ‘Article 22(1) gives to Member States a discretion to apply to postpone the deadline by a maximum of five years. The use of the word ‘may’ in the English test and ‘peut’ in the French text is unequivocal. It confers a discretion. If a State would otherwise be in breach of its obligations under Article 13 and wishes to postpone the time for compliance with that obligation, then the machinery provided by Article 22(1) is available to it, but it is not obliged to use that machinery. It can, as the United Kingdom Government has done, simply admit its breach and leave it to the Commission to take whatever action the Commission thinks right by way of enforcement under Article 258 of the Treaty on the Functioning of the European Union.’
As to the grant of a mandatory order: ‘such a mandatory order, like the imposition of an obligation on the Government to submit a plan under Article 22 to bring the United Kingdom within limit values by 1 January 2015, would raise serious political and economic questions which are not for this court. It is clear from all I have seen that any practical requirement on the United Kingdom to achieve limit values in its major agglomerations, in particular in London, would impose upon taxpayers and individuals a heavy burden of expenditure which would require difficult political choices to be made. It would be likely to have a significant economic impact. The courts have traditionally been wary of entering this area of political debate for good reason.’
Mitting J
[2011] EWHC 3623 (Admin)
England and Wales
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for Environment, Food and Rural Affairs CA 30-May-2012
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the . .
At First instance – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
At First Instance – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs SC 29-Apr-2015
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 November 2022; Ref: scu.462994
The defendant was a producer of controlled waste. It had left waste out for collection. The prosecutor appealed the acquittal of the defendant for failing to prevent escape of such waste.
Held: The appeal failed. The prosecutor had to show that there had been a failure to take reasonable care to avoid the escape. A simple assertion that there had been an escape was not enough, and indeed the failure to take care might be established without an escape having taken place.
Times 15-Aug-2006, [2006] EWHC (Admin) 1615
Environmental Protection Act 1990 34(1)(b)
England and Wales
Cited – Gateway Professional Services (Management) Ltd v Kingston Upon Hull City Council Admn 8-Mar-2004
An employee of the appellant had deposited a number of black bags containing commercial office waste on the land adjoining the appellant’s own premises. The prosecutor said that the deposit of the bags of waste in those circumstances amounted to an . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 November 2022; Ref: scu.242957
The applicants challenged the right of the European Union to make rules against the discharge of pollutant materials from ships in international waters. The Directive departed from standards set in an international harmonised convention.
Hodge J
[2006] EWHC 1577 (Admin)
European Community Directive 2005/35/EC, International Convention for the Prevention of Pollution from Ships 1973
England and Wales
Updated: 03 November 2022; Ref: scu.242952
Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals
ECLI:EU:T:2020:624, T-635/18, [2020] EUECJ T-635/18
European
Updated: 03 November 2022; Ref: scu.660733
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Article 3, point 10 – Article 5, paragraph 2 – Invalidation device – Motor vehicles – Diesel engine – Emissions of pollutants – Program acting on the computer engine control – Technologies and strategies to limit the production of pollutant emissions
ECLI:EU:C:2020:1040, C-693/18, [2020] EUECJ C-693/18
European
Updated: 03 November 2022; Ref: scu.660706
Failure by a State to fulfill obligations – Environment – Directive 92/43 / EEC – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Article 4, paragraph 4 – Obligation to set conservation objectives – Article 6, paragraph 1 – Obligation to take conservation measures – Decision 2006/613 / EC Mediterranean biogeographical region
ECLI:EU:C:2020:1047, C-849/19, [2020] EUECJ C-849/19
European
Updated: 03 November 2022; Ref: scu.660708
The claimant appealed against refusal of its request for declaratory relief, the respondent having admitted failing to implement the Directive on the control of nitrogen dioxide.
Held: The appeal failed. The judge had been correct that the compliance by the respondent was not mandatory as to the time suggested. He was correct: ‘I cannot accept that the legislature intended by the terms of Article 22 to create a mandatory and absolute cut-off point for compliance with NO2 limit values as at 1 January 2015. ‘
and ‘it seems to me that he was, with respect, plainly right and the contrary is not contended. His judgment speaks as a declaration. No substantive issue of effective judicial protection arises from his refusal to grant a formal declaration.’
Laws, Pitchford LJJ, Sir John Chadwick
[2012] EWCA Civ 897, [2013] Env LR 4
England and Wales
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs Admn 13-Dec-2011
The claimant sought declaratory and mandatory orders in respect of the Government’s failure to comply with emission limits set by Directive 2008/50/EC of the European Parliament and Council of 21 May 2008. Article 13 of that Directive required . .
Appeal from – Clientearth, Regina (on The Application of) v The Secretary of State for The Environment, Food and Rural Affairs SC 1-May-2013
The court gave its reasons for referring to the ECJ, the question asked of it, as to the failure of the respondent to ensure compliance with the EU Directive on Nitrogen dioxide control, and the consequential orders. However, a declaration was . .
Appeal from – Clientearth, Regina (on The Application of) v Secretary of State for The Environment, Food and Rural Affairs SC 29-Apr-2015
The applicant had challenged the failure by the governement to secure appropriate air quality standards. The question had earlier been referred to the ECJ, and the Court now considered the appropriate orders following the ECJ judgment.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 November 2022; Ref: scu.461947
The Claimants sought judicial review of the decision of the Defendant to classify the sluices on the Manchester Ship Canal as ‘formal flood defences’ when producing Flood Maps and designating Flood Zones, and to assess flood risk on the hypothetical assumption that they have failed in a closed position.
Lang J
[2012] EWHC 1643 (QB)
England and Wales
Updated: 03 November 2022; Ref: scu.460860
ECFI Environment – Regulation (EC) No 1367/2006 – Obligation of the Member States to protect and improve ambient air quality – Temporary exemption granted to a Member State – Request for internal review – Refusal – Measure of individual scope – Validity – Aarhus Convention
Dittrich P
T-396/09, [2012] EUECJ T-396/09
European
Updated: 01 November 2022; Ref: scu.460431
ECFI Environment – Regulation (EC) No 1367/2006 – Maximum residue levels for pesticides – Request for internal review – Refusal – Measure of individual scope – Validity – Aarhus Convention
Dittrich P
T-338/08, [2012] EUECJ T-338/08
Updated: 01 November 2022; Ref: scu.460428
The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew.
Held: The defendant’s policy toward the land had changed in 2000. It was a decision of a specialist body, and therefore the court could interfere only on limited grounds. The defendant had not taken into account immaterial matters, and the claimants had not ever explained how the defendants could have reached any other decision in the light of the material placed before them. The judge had criticised the claimants for not challenging the policy at first, but that was wrong. The claimants would then have been told their action was premature. The power in the defendant not to confirm an order would have to be exercised in the light of a genuine open-minded consultation and investigation. It had been so exercised. The decision did not infringe the clamants’ human rights.
Lord Justice Auld, Mr Justice Pumfrey, Lord Justice Wall
[2004] EWCA Civ 663, Times 04-Jun-2004, [2005] 1 WLR 147, [2004] 4 All ER 861
Wildlife and Countryside Act 1981 52, The Conservation (Natural Habitats &c) Regulations 1994 (SI 1194/2716)
England and Wales
Appeal from – Fisher and Another v English Nature Admn 4-Jul-2003
The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the . .
Cited – Aggregate Industries UK Ltd, Regina (on the Application Of) v English Nature and and Another Admn 24-Apr-2002
The claimant challenged English Nature’s confirmation of a notice that their land was a site of special scientific interest. The land comprised some 600 acres in Hampshire which had planning permission for mineral extraction known as ‘Bramshill’. . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 October 2022; Ref: scu.197943
Secretary of State’s night flight proposals were set out fairly rationally and intelligibly and were not to be set aside.
Times 20-Aug-1996, [1996] 1 WLR 1460
England and Wales
Updated: 31 October 2022; Ref: scu.87972
Failure to fulfill obligations – Assessment and management of flood risks – Directive 2007/60 / EC – Article 7, paragraphs 1 and 5, Article 10, paragraphs 1 and 2, as well as Article 15, paragraph 1 – Flood management plan flood risks – Establishment – Public consultation and information – Provision of the European Commission – River basin districts ES 120 Gran Canaria, ES 122 Fuerteventura, ES 123 Lanzarote, ES 124 Tenerife, ES 125 La Palma, ES 126 La Gomera and ES 127 El Hierro (Spain)
C-384/19, [2020] EUECJ C-384/19, ECLI:EU:C:2020:271
European
Updated: 31 October 2022; Ref: scu.660108
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer.
Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though the land did not belong to the defendant, it was enough that the defendant’s customer permitted an escape as a result of a failure by the defendant. The landowner was under an obligation to carry out a risk assessment and respond to it.
Lord Justice Kennedy Mr Justice Treacy
[2004] EWHC 1710 (Admin), Times 10-Aug-2004
Water Resources Act 1991 85(1) 85(6) 271
England and Wales
Cited – Welsh Water Authority v Williams Motors (Cwmdu) Ltd QBD 1-Dec-1988
Oil was supplied to Williams Motors by Autobrec Oils and there was spillage from an offset fuel pipe out of sight of the delivery driver. Some of the spilt oil got into the storm drainage, and thus into a canal. Williams Motors were charged under . .
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Cited – Regina v Dovermoss Ltd CACD 8-Feb-1995
Contamination below the maximum set limits can still be pollution. A dry watercourse is controlled water, as are streams and drains. Pollution is an ordinary English word defined in the Oxford English Dictionary as ‘to make physically impure, foul . .
Cited – Neath Rural District Council v Williams QBD 1951
A watercourse became silted by natural causes and the local authority served an abatement notice on the landowner, who failed to respond, and when prosecuted relied on a proviso which excluded from liability ‘any person other than the person by . .
Cited – Tesco Supermarkets Ltd v Nattrass HL 31-Mar-1971
Identification of Company’s Directing Mind
In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store.
Held: ‘In the . .
Cited – Alphacell Ltd v Woodward HL 3-May-1972
The defendant operated a paper manufacturing plant which involved maintaining tanks of polluting liquid near the river, so that pollution would occur if they overflowed. There were pumps which ought normally to have drawn off the liquid and . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2022; Ref: scu.198840
Contamination below the maximum set limits can still be pollution. A dry watercourse is controlled water, as are streams and drains. Pollution is an ordinary English word defined in the Oxford English Dictionary as ‘to make physically impure, foul or filthy, to dirty, stain, taint or re-foul’. It is therefore not necessary to show that water is harmed to show that it is polluted.
Gazette 15-Mar-1995, Times 08-Feb-1995, [1995] Env L R 258
Water Resources Act 1991 85(1)
England and Wales
Cited – Express Ltd v The Environment Agency QBD 15-Jul-2004
The dairy appealed its conviction for allowing cream to enter a brook from the land of its customer.
Held: Polluting matter did not need to be itself noxious or poisonous, it was enough that it stained or tinted the water as did cream. Though . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2022; Ref: scu.86575
Failure to fulfill obligations – Environment – Directive 2008/50 / EC – Ambient air quality – Article 13, paragraph 1, and annex XI – Systematic and persistent exceeding of limit values ??for microparticles (PM10) in zone RO32101 ( Bucharest, Romania) – Article 23, paragraph 1 – Annex XV – ‘Shortest possible’ overrun period – Appropriate measures
C-638/18, [2020] EUECJ C-638/18, ECLI:EU:C:2020:334
European
Updated: 27 October 2022; Ref: scu.660106
When the Secretary of State considered the offer of land in substitution for other land, an ancient woodland and site of special scientific interest, which was sought to be compulsorily acquired for a roadway, he was entitled to assess whether the exchanged land would be equally advantageous at the time when the exchange would take place, and to exercise a degree of flexibility.
Ind Summary 15-Mar-1993, Times 02-Mar-1993, [1993] CLY 439
Wildlife and Countryside Act 1981, Acquisition of Land Act 1981 19
England and Wales
Updated: 26 October 2022; Ref: scu.81017
The defendant operated a factory, using cleaning liquid carried through PVC piping. The piping leaked because it had been badly installed by the reputable subcontractors employed by the previous owners of the factory.
Held: Although the defendants were unaware of the existence of the defect and ‘could not be criticised for failing to discover it,’ the pollution had nevertheless been caused by their operation of the factory. So the fact that the negligent installation of the pipes had been unforeseeable was no defence. Liability for river pollution is strict. It existed even where the owner had no knowledge of a leak in a pipe put in before he acquired the land. Whether he had caused the pollution remained a question of fact for the jury.
Lloyd LJ
Independent 30-Aug-1994, Times 04-Aug-1994, [1994] Env LR 131
Water Resources Act 1991 85(1) 209
England and Wales
Cited – Empress Car Company (Abertillery) Ltd v National Rivers Authority HL 22-Jan-1998
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 October 2022; Ref: scu.86463
The extent of an historical monument was to be decided by the papers not by a jury.
Ind Summary 30-May-1994
Ancient Monuments and Archeological Areas Act 1979
England and Wales
Updated: 25 October 2022; Ref: scu.86161
Claimants challenged the grant of planning consent for the construction of a storage and distribution facility without first undertaking an environmental impact assessment.
Held: The local authority had concluded that the project could not be encompassed by the phrases ‘infrastructure project’ or ‘urban development project’. Whilst there might be some scope for disagreement, that did not mean that a decision could only be challenged by way of review as to its Wednesbury unreasonableness. If in law the interpretation was incorrect, the judge had a duty to correct it, and that did not involve such considerations, though the issue might arise later. The interpretation was outside the range of reasonable responses, and the appeal was allowed.
Brooke, Buxton, LJJ, Morland J
Times 21-Feb-2003, [2003] EWCA Civ 140, Gazette 03-Apr-2003, [2003] JPL 1309
England and Wales
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Younger Homes (Northern) Ltd v First Secretary of State and Another Admn 26-Nov-2003
The claimant sought to quash a planning decision on the basis that a screening decision had not been made.
Held: Though the procedures within the authority could have been bettered, there was no formal requirement for a screening option to . .
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 October 2022; Ref: scu.179729
The claimant claimed damages of 5,781,000 Euros from the defendant for breach of four contracts by which DB acquired from TGS through the European Union Emissions Trading System for 5,737,440 Euros a total of 492,000 Certified Emissions Reductions (‘CERs’), which are instruments created under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (‘UNFCCC’). DB’s claim is that the contracts provided that the CERs ‘may be used for determining compliance with emissions limitation commitments pursuant to and in accordance with the [EUETS]’. They complain that the CERs that they acquired from TGS did not meet that requirement (i) because they had previously been ‘surrendered’ under the EUETS, that is to say exchanged for allowances, and the European Commission, as regulator of the EUETS, had introduced and published in December 2009 and January 2010 a check that prevented surrendered CERs from being used for compliance purposes under it, and (ii) in any case, they argue, surrendered CERs could not legally have been so used. (I shall adopt the expression ‘surrendered CERs’ as a convenient label, and I shall refer to CERs that have not been surrendered as ‘conventional CERs’.
Andrew Smith J
[2012] EWHC 1201 (Comm)
England and Wales
Updated: 21 October 2022; Ref: scu.457627
Lord Justice Lindblom, Lord Justice Singh, and Lord Justice Haddon-Cave
[2020] EWCA Civ 213
England and Wales
Updated: 21 October 2022; Ref: scu.648517
The claimants appealed from rejection of their objection to the grant of permission for a third runway at Heathrow airport.
Held: The appeal succeeded. The government had set a statutory target for carbon emissions, but the policy decision had paid inadequate attention to that statutory duty, and the decision must be set aside.
Lord Justice Lindblom, Lord Justice Singh, and Lord Justice Haddon-Cave
[2020] EWCA Civ 214
England and Wales
Updated: 21 October 2022; Ref: scu.648518
Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan.
Held: The intent of the legislation had been satisfied, and as much information as was available had been provided. Some residual flexibility was inevitable: ‘a legalistic approach to the interpretation of development plan policies is to be avoided’. It was also common for such permissions to conflict in part with the UDP.
Where outline planning consent is being applied for, it is at the outline consent stage that the planning authority must have sufficient details of the proposed development, sufficient details of any impact on the environment, and sufficient details of any mitigation to enable it to comply with its article 4(2) obligation. An authority need not require further details of a matter where it is ‘satisfied that such details , provided they are sufficiently controlled by condition, are not likely to have significant effect.’ Mr Jones submits that such is the case here. There was a well established mitigating technique involving negative pressure which virtually eliminated any environmental problem. A planning authority is entitled to assume that the Environmental Agency will carry out its functions ‘with a reasonable degree of competence.’
‘the development which is described and assessed in the Environmental Statement must be the development which is proposed to be carried out and therefore the development which is a subject of the development consent and not some other development’ and the ‘ . . ..local planning authority will need to be satisfied that the description of the proposed development in the outline planning permission is adequate, given that it will be able to impose conditions in respect of reserved matters so that matters of detail can be dealt with at a later stage’.
and ‘Any major development project will be subject to a number of detailed controls, not all of them included within the planning permission. Emissions to air, discharges into water, disposal of the waste produced by the project, will all be subject to controls under legislation dealing with environmental protection. In assessing the likely significant environmental effects of a project the authors of the environmental statement and the local planning authority are entitled to rely on the operation of those controls with a reasonable degree of competence on the part of the responsible authority: see, for example, the assumptions made in respect of construction impacts, above. The same approach should be adopted to the local planning authority’s power to approve reserved matters. Mistakes may occur in any system of detailed controls, but one is identifying and mitigating the ‘likely significant effects’, not every conceivable effect, however minor or unlikely, of a major project.’
‘It is not at all unusual for development plan policies to pull in different directions. A proposed development may be in accord with development plan policies which, for example, encourage development for employment purposes, and yet be contrary to policies which seek to protect open countryside. In such cases there may be no clear cut answer to the question: ‘is this proposal in accordance with the plan?’ The local planning authority has to make a judgment bearing in mind such factors as the importance of the policies which are complied with or infringed, and the extent of compliance or breach.’
Sullivan J
Gazette 31-Aug-2000, [2001] JPL 470, [2001] Env LR 406, (2001) 81 PandCR 365
Town and Country Planning Act 1990 54A 70
England and Wales
Se Also – Regina v Rochdale Metropolitan Borough Council ex parte Andrew Tew; George Daniel Milne; and Steven Garner Admn 7-May-1999
An outline application for a shopping development, gave no details of the expected floor area, and nor was there an environmental assessment.
Held: The failure to give the floor area was not critical, but even at this stage the ommission of . .
Cited – City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals) HL 31-Oct-1997
The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the . .
Cited – Regina v North Yorkshire County Council, ex parte Brown and Another HL 12-Feb-1999
When a mineral planning authority set conditions on the continued operation of a quarry which had been operating since pre-1947, that decision was a development consent, and it required to be supported by an environmental impact assessment, since it . .
Cited – Regina v Secretary of State for Environment ex parte Webster Admn 8-Mar-1999
A legalistic approach to the interpretation of policies in local and other plans is to be avoided. . .
Cited – 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 . .
Cited – 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 . .
Cited – Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England CA 12-Jun-2000
. .
Cited – Regina v Hammersmith and Fulham London Borough Council Ex Parte Trustees of the Council for the Protection of Rural England QBD 26-Oct-1999
The authority gave permission for a new shopping centre up to 600,000 sq ft as an urban project. The Trustees sought that the permission be set aside since the council had not undertaken an environmental impact assessment, and under the EC Treaty . .
Cited – Hereford Waste Watchers Ltd v Hereford Council Admn 18-Feb-2005
. .
Cited – Jones, Regina (on the Application Of) v Mansfield District Council Admn 20-Jan-2003
. .
Cited – Regina (Smith) v Secretary of State for the Environment, Transport and the Regions and others Admn 19-Dec-2001
. .
Cited – Burkett, Regina (on the Application of) v Hammersmith and Fulham Admn 15-May-2003
Outline permission was granted for a large development, reserving certain matters. The applicant challenged the permission saying that the application had not included the information required under the Regulations, and the authority had failed to . .
Cited – PPG11 Ltd, Regina (on the Application Of) v Dorset County Council and Another Admn 6-Jun-2003
. .
Cited – Kent, Regina (on the Application Of) v First Secretary of State and others Admn 3-Dec-2004
. .
Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 October 2022; Ref: scu.87639
Any discretion exercised as to the extent of an estuary cannot be guided by the cost of water treatment.
Independent 08-Feb-1996, Times 31-Jan-1996
Urban Waste Water Directive 1991/271
England and Wales
Updated: 21 October 2022; Ref: scu.87795
The landowner disposed of liquid waste into oil bearing strata via a deep borehole. At that depth, it would not mix with what was being extracted elsewhere.
Held: The judge had been correct to refuse a declaration as to the lawfulness.
Simon Brown, Mummery, Scott Baker LJJ
Times 02-Jan-2004, [2003] EWCA Civ 1795
Landfill (England and Wales) Regulations 2002 (2002 No 1559) 3(2) 9, Civil Procedure Rules 40.20
England and Wales
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 October 2022; Ref: scu.190153
[2017] UKFTT NV – 2016 – 0021
Energy Savings Opportunity Scheme Regulations 2014
England and Wales
Updated: 17 October 2022; Ref: scu.644277
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Cricetus cricetus (European hamster) – Resting places and breeding sites – Deterioration or destruction – Areas which have been abandoned
C-477/19, [2020] EUECJ C-477/19, ECLI:EU:C:2020:517
European
Updated: 17 October 2022; Ref: scu.660374
Reference for a preliminary ruling – Environment – Waste – Directive 2008/98/EC – Article 2(2)(a), point 1 of Article 3 and Article 6(1) – Waste water – Sewage sludge – Scope – Concept of ‘waste’ – Cessation of waste status – Recovery or recycling operation
President of Chamber A Arabadjiev (Rapporteur)
C-629/19, [2020] EUECJ C-629/19, [2020] WLR(D) 554, [2020] PTSR 2114, ECLI:EU:C:2020:824
European
Updated: 15 October 2022; Ref: scu.660616
ECJ (Judgment) Reference for a preliminary ruling – Article 191(2) TFEU – Directive 2004/35/EC – Environmental liability – National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities – Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority
M Ilesic P
C-534/13, [2015] EUECJ C-534/13, ECLI:EU:C:2015:140, [2015] WLR(D) 103
TFEU 191(2), irective 2004/35/EC
European
Updated: 12 October 2022; Ref: scu.543879
ECJ (Opinion) Protection of the environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action programmes for zones designated as vulnerable – Annulment of a national measure adopted in breach of Directive 2001/42/EC – Possibility of keeping that measure in force for a short period
Kokott AG
C-41/11, [2011] EUECJ C-41/11
Directive 2001/42/EC, Directive 91/676/EEC
European
Cited – Ezeemo and Others v Regina CACD 16-Oct-2012
The defendants had been charged with offences relating to their intended transporting of waste materials to Nigeria. They appealed, complaining that the judge had directed that the offence under regulation 23 was an offence of strict liability.
See Also – Inter-Environnement Wallonie And Terre Wallonne v Region Wallonne ECJ 28-Feb-2012
ECJ Protection of the environment – Directive 2001/42/EC – Articles 2 and 3 – Assessment of the effects of certain plans and programmes on the environment – Protection of waters against pollution caused by . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 October 2022; Ref: scu.451693
Carnwath, Lloyd, Sullivan LJJ
[2011] EWCA Civ 1606, [2012] PTSR 1299
Environmental Information Regulations 2004
England and Wales
Appeal from – Defra v Information Commissioner and SB UTAA 26-Jan-2011
Information rights – Freedom of information – public authority response . .
Cited – Evans and Another, Regina (on The Application of) v Attorney General SC 26-Mar-2015
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments.
Held: The appeal failed (Majority). The A-G had not been . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 October 2022; Ref: scu.451332
ECJ Environment – Special conservation areas – Assessment of the impact of a plan or project on a protected site – Adverse effect on the integrity of the site
C-258/11, [2012] EUECJ C-258/11
European
Opinion – Minister For The Environment, Heritage And Local Government v An Bord Pleanala ECJ 11-Apr-2013
ECJ Environment – Directive 92/43/EEC – Article 6 – Conservation of natural habitats – Special areas of conservation – Assessment of the implications for a protected site of a plan or project – Criteria to be . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 October 2022; Ref: scu.466002
Trustees sought guidance from the court as to investment in land which might become a liability because of clean up costs associated with the Act when it came into force. Would the trustees have a lien over other property of the deceased to pay the costs?
Held: A trustee has a lien over the trust fund for his proper costs and expenses extending to an indemnity against all future liabilities of the trustee as such. The wide powers of investment did not displace the duty to act with prudence and fairly as between the beneficiaries. Whilst the trustees may not be obliged to act under the direction of the beneficiaries it remained proper to require the trustees to consult with them on such decisions.
[2000] EWHC Ch 121
Environmental Protection Act 1990
England and Wales
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Cited – Re Pauling’s Settlement Trusts (No 2) 1-Jun-1963
An application was made for the trustee to be replaced. The trustee complained that he would remain liable in certain events, and sought an indemnity from any new trustee out of the trust fund.
Held: A new trustees would be under ‘the normal . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 October 2022; Ref: scu.162992
FTTGC Environmental Information Regulations – disclosure of information – exception for internal communications – regulation 12(4)(e) – exception where adverse effect on international relations – regulation 12(5)(a) – public interest balance
[2011] UKFTT EA – 2011 – 0052 (GRC
Environmental Information Regulations 2004
England and Wales
Updated: 29 September 2022; Ref: scu.449720
ECJ Opinion – French Text – Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Applicability of the Directive in a proceeding to repeal all or part of a plan of land use – plans and programs required by laws and regulations
Juliane Kokott AG
C-567/10, [2011] EUECJ C-567/10
European
Opinion – Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale ECJ 22-Mar-2012
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Concept of plans and programmes ‘which are required by legislative, regulatory or administrative . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 September 2022; Ref: scu.448716
[2005] EWHC 1110 (Admin)
Pollution Prevention and Control (England and Wales) Regulations 2000
England and Wales
Updated: 27 September 2022; Ref: scu.226281
