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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 had significant environmental effects. The purpose of the Directive is ‘to ensure that planning permissions which … Continue reading Regina v North Yorkshire County Council, ex parte Brown and Another: HL 12 Feb 1999

Regina (Barker) v Bromley London Borough Council, First Secretary of State intervening: ECJ 4 May 2006

ECJ Environment and Consumers – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Crystal Palace development project – Projects falling within Annex II to Directive 85/337 – Grant of consent comprising more than one stage.The court ruled that ‘Classification of a decision as a ‘development consent’ within the meaning … Continue reading Regina (Barker) v Bromley London Borough Council, First Secretary of State intervening: ECJ 4 May 2006

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

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

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

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

European Commission v Czech Republic: ECJ 10 Jun 2010

ECJ (Judgment Of The Court (Eighth Chamber)) – Failure of a Member State to fulfil obligations – Infringement of the first, second and third paragraphs of Article 10a of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, … Continue reading European Commission v Czech Republic: ECJ 10 Jun 2010

Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004

ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in … Continue reading Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004

Barker, Regina (on the Application of) v London Borough of Bromley: HL 6 Dec 2006

The House was asked whether the 1988 Regulations properly implemented the Directive so as to require environmental impact assessments where the developer first obtained outline permission and then approval of reserved matters, but the need for an assessment only became clear at that second stage. Held: The authority did have the power to order an … Continue reading Barker, Regina (on the Application of) v London Borough of Bromley: HL 6 Dec 2006

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

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

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

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

Grand Duchy of Luxembourg v Linster and Others: ECJ 19 Sep 2000

Where a road or other development project would have a substantial impact on the environment, a law passed by a member state authorising the construction to proceed but which was in the absence of an impact assessment, was not in compliance with the Directive. It was not possible to bypass the procedure by use of … Continue reading Grand Duchy of Luxembourg v Linster and Others: ECJ 19 Sep 2000

Commission of the European Communities v Ireland: ECJ 19 Oct 1999

The Directive gave member states some discretion as to setting criteria to be fulfilled before a project could be said to have a substantial effect and so require an environmental assessment before being allowed to proceed. Nevertheless, it was not open to members to use a simple size measurement as such a criteria, since this … Continue reading Commission of the European Communities v Ireland: ECJ 19 Oct 1999

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

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

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

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

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

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

Gemeinde Altrip v Land Rheinland-Pfalz: ECJ 7 Nov 2013

ECJ Request for a preliminary ruling – Environment – Directive 85/337/EEC – Environmental impact assessment – Aarhus Convention – Directive 2003/35/EC – Right to challenge a development consent decision – Temporal application – Development consent procedure initiated before the period prescribed for transposing Directive 2003/35/EC expired – Decision taken after that date – Conditions of … Continue reading Gemeinde Altrip v Land Rheinland-Pfalz: ECJ 7 Nov 2013

Walton v The Scottish Ministers: SC 17 Oct 2012

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

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

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