ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 3(4) and (5) – Determination of the type of plans likely to have significant environmental effects – Building plan ‘for development within an urban area’ exempted from an environmental assessment under national legislation – Incorrect assessment of … Continue reading L v M: ECJ 18 Apr 2013
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 zonesAG Kokott set out the background to the SEA Directive, saying: ‘The specific objective pursued by the … Continue reading Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region: ECJ 4 Mar 2010
The claimants challenged the strategy published by the government for the development of the propose HS2 railway line, saying that it required first a strategic environmentalimpact assessment under European law. Held: The claim failed. The strategy as published did not constrain in any way the decision making processes which might follow: ‘The very concept of … Continue reading Buckinghamshire County Council and Others, Regina (on The Application of) v Secretary of State for Transport: Admn 15 Mar 2013
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) Judges: J-C Bonichot, P Citations: … Continue reading Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale: ECJ 22 Mar 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 nitrates from agricultural sources – Plan or programme – No prior environmental assessment – Annulment of a plan or programme – … Continue reading Inter-Environnement Wallonie And Terre Wallonne v Region Wallonne: ECJ 28 Feb 2012
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 Judges: Bonichot, P Citations: [2010] EUECJ C-105/09 Links: Bailii Statutes: Directive 91/676/EEC, Directive 2001/42/EC Jurisdiction: European … Continue reading Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region: ECJ 17 Jun 2010
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 … Continue reading Inter-Environnement Wallonie And Terre Wallonne v Region Wallonne: ECJ 8 Dec 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 land use – plans and programs required by laws and regulations Judges: Juliane Kokott AG Citations: C-567/10, … Continue reading Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale: ECJ 17 Nov 2011
ECJ Opinion – Environmental protection – Directive 200/60/CE – Policy of the Union in the field of water – Deviation of the course of a river – Concept of time limit for establishing management plans for river basin – anticipated effects – Public Participation – Directive 2001/42/EC – Assessment of the effects of plans and … Continue reading Nomarchiaki Aftodioikisi Aitoloakarnanias And Others: ECJ 13 Oct 2011
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Plans which determine the use of small areas at local level – Article 3(3) – Documents relating to land planning at local level relating to only one subject of economic activity – Assessment under Directive 2001/42/EC precluded in … Continue reading Valciukiene And Others v Pakruojo: ECJ 22 Sep 2011
ECJ Opinion – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Consultation procedure – Designation of the authorities with environmental responsibilities – Time-limits set for the purposes of the consultation procedure. Judges: Bot AG Citations: C-474/10, [2011] EUECJ C-474/10 Links: Bailii Statutes: Directive 2001/42/EC Jurisdiction: European Cited … Continue reading Seaport (NI) Ltd, Magherafelt District Council and Others v Department of the Environment for Northern Ireland: ECJ 14 Jul 2011
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 – Programs of action Designated Vulnerable Areas Citations: C-110/09, [2010] EUECJ C-110/09 – O Links: Bailii Jurisdiction: European Cited by: … Continue reading Terre Wallonne v Wallonia: ECJ 4 Mar 2010
The Council challenged the respondent’s revision of the Area plan, saying that he had failed as required to conduct an environmental assessment. Judges: Mitting J Citations: [2009] EWHC 1280 (Admin), [2010] JPL 70 Links: Bailii Statutes: Directive 2001/42/EC Jurisdiction: England and Wales Planning, European Updated: 28 July 2022; Ref: scu.347246
Reference for a preliminary ruling – Directive 2001/42/EC – Article 6 – Designation, for consultation purposes, of an authority likely to be concerned by the environmental effects of implementing plans and programmes – Possibility of authority to be consulted conceiving plans or programmes – Requirement to designate a separate authority – Arrangements for the information … Continue reading Seaport (NI) Ltd, Magherafelt District Council and Others v Department of the Environment for Northern Ireland: ECJ 20 Oct 2011
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 Citations: [2010] EUECJ C-110/09, [2010] ECR I-5611 Links: Bailii Statutes: Directive 2001/42/EC, Directive 91/676/EEC Jurisdiction: European … Continue reading Terre Wallonne v Wallonia: ECJ 17 Jun 2010
ECJ (Judgment) Reference for a preliminary ruling – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – National measure incompatible with EU law – Legal consequences – Power of the national court to maintain certain effects of that measure provisionally – Third paragraph of Article 267 TFEU – … Continue reading Association France Nature Environnement v Premier ministre: ECJ 28 Jul 2016
Was it lawful for the Secretary of State for Housing, Communities and Local Government, the respondent here, to reform the planning legislation in England by making statutory instruments to adjust ‘permitted development’ rights and to remove certain changes of use from the scope of development control, without undertaking a strategic environmental assessment under Directive 2001/42/EC … Continue reading Rights: Community: Action, Regina (on The Application of) v Secretary of State for Housing, Communities and Local Government: CA 20 Dec 2021
Judgment – Reference for a preliminary ruling – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Protection regime in respect of the Mount Hymettus area – Modification procedure – Applicability of the directive – Master plan and environmental protection programme for the greater Athens area C-473/14, [2015] … Continue reading Dimos Kropias Attikis v Ipourgos Perivallontos, Energias kai Klimatikis Allagis: ECJ 10 Sep 2015
The claimants challenged the plan for a major railway development, saying that an environmental impact assessment should have been made first. Held: (Sullivan LJ dissenting) The claimant’s appeal failed. The strategy as proposed was not such as to constitute a plan which might require the environmental impact assessment. The DNS would have no legal influence … Continue reading HS2 Action Alliance Ltd and Others v Secretary of State for Transport: CA 24 Jul 2013
Objectors sought to quash the respondents core planning strategy, saying that it would damage the particular character of the town and horseracing inustry based there. They alleged a failure to carry out a proper strategic environmental assessment and that since some elements had only been published after the consultation, some consultees had not been given … Continue reading Save Historic Newmarket Ltd and Others v Forest Heath District Council and Others: Admn 25 Mar 2011
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
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. Held: The appeals failed. Once a substance or object has been discarded (and has therefore become waste) the … Continue reading Ezeemo and Others v Regina: CACD 16 Oct 2012
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 . .