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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

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

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

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

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

Edwards v Environment Agency: ECJ 18 Oct 2012

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 Judges: Kokott AG Citations: C-260/11, [2012] EUECJ C-260/11 Links: Bailii Statutes: Directive 85/337/EEC, Directive 2003/35/EC, … Continue reading Edwards v Environment Agency: ECJ 18 Oct 2012

Nomarchiaki Aftodioikisi Aitoloakarnanias And Others: ECJ 13 Oct 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

Valciukiene And Others v Pakruojo: ECJ 22 Sep 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

Boxus And Roua (Environment And Consumers): ECJ 19 May 2011

ECJ Environmental impact assessment – Concept of ‘specific national legislative act’ – Access to justice in environmental matters – Extent of right to judicial remedy. Judges: Sharpston AG Citations: C-135/09, [2011] EUECJ C-135/09 Links: Bailii Jurisdiction: European Cited by: See Also – Boxus And Roua (Environment And Consumers) ECJ 19-May-2011 ECJ Environmental impact assessment – … Continue reading Boxus And Roua (Environment And Consumers): ECJ 19 May 2011

Commission v Ireland C-50/09: ECJ 3 Mar 2011

ECJ (Environment And Consumers) Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Obligation of the competent environmental authority to carry out an assessment of the effects of certain projects on the environment – More than one competent authority – Need to ensure an assessment of the interaction between factors likely to … Continue reading Commission v Ireland C-50/09: ECJ 3 Mar 2011

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

Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd: ECJ 2 Jul 2009

ECJ Directive 85/337/EEC – Environmental impact assessment Aarhus Convention – Directive 2003/35/EC – Access to justice – Whether non-governmental organisations for the protection of the environment have standing to bring proceedings – Definition of ‘the public concerned’ – National legislation restricting access to justice to organisations having at least 2, 000 members Judges: Sharpston AG … Continue reading Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd: ECJ 2 Jul 2009

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

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

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

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

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

Barker, Regina (on the Application of) v London Borough of Bromley: HL 30 Jun 2003

The House referred to the European Court the question as to whether an environmental impact assessment was required if outline permission having been granted without an assessment, the matter proceeds with approval of the matters reserved. Judges: Bingham of Cornhill, Steyn, Hope of Craighead, Hutton, and Scott of Foscote Citations: [2003] UKHL 45 Links: House … Continue reading Barker, Regina (on the Application of) v London Borough of Bromley: HL 30 Jun 2003

Wells v Secretary of State for Transport, Local Government and the Regions: ECJ 7 Jan 2004

ECJ Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – National measure granting consent for mining operations without an environmental impact assessment being carried out – Direct effect of directives – Triangular situation. Judges: P Jann Citations: [2004] EUECJ C-201/02, [2004] 1 CMLR 31, [2004] ECR I-723, [2005] All ER … Continue reading Wells v Secretary of State for Transport, Local Government and the Regions: ECJ 7 Jan 2004

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

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

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

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

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

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

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

Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd: ECJ 15 Oct 2009

ECJ Directive 85/337/EEC – Public participation in environmental decision-making procedures – Right of access to a review procedure to challenge decisions authorising projects likely to have significant effects on the environment Judges: Bonichot P Citations: [2009] EUECJ C-263/08 Links: Bailii Statutes: Directive 85/337/EEC, Directive 2003/35/EC Jurisdiction: European Citing: Opinion – Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms … Continue reading Djurgarden-Lilla Vartans Miljoskyddsforening v Stockholms kommun genom dess marknamnd: ECJ 15 Oct 2009

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

WWF and Others v Autonome Provinz Bozen and Others C-435/97: ECJ 16 Sep 1999

ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects Citations: ECLI:EU:C:1999:418, [1999] ECR I-5613, [1999] EUECJ C-435/97 Links: Bailii Jurisdiction: European Cited by: 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 … Continue reading WWF and Others v Autonome Provinz Bozen and Others C-435/97: ECJ 16 Sep 1999

Stadt Wiener Neustadt v Niederosterreichische Landesregierung: ECJ 17 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Assessment of the effects of certain public and private projects on the environment – Directive 85/337/EEC – Directive 2011/92/EU – Scope – Concept of ‘specific act of national legislation’ – No environmental impact assessment – Definitive authorisation – Legislative regularisation a posteriori of the lack of environmental … Continue reading Stadt Wiener Neustadt v Niederosterreichische Landesregierung: ECJ 17 Nov 2016

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

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 expensive’ judicial proceedings L Bay Larsen, acting as P [2013] EUECJ C-260/11, [2013] WLR(D) 136, [2013] 1 WLR 2914, [2013] 3 CMLR 18, … Continue reading Edwards v Environment Agency (No 2): ECJ 11 Apr 2013

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

Boxus And Roua (Environment And Consumers): ECJ 18 Oct 2011

ECJ Grand Chamber – Assessment of the effects of projects on the environment – Directive 85/337/EEC – Scope – Concept of ‘specific act of national legislation’ – Aarhus Convention – Access to justice in environmental matters – Extent of the right to a review procedure in respect of a legislative ac V Skouris J [2011] … Continue reading Boxus And Roua (Environment And Consumers): ECJ 18 Oct 2011

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 at prohibitive expense. The costs officers asked how the principle should be applied. … Continue reading Edwards and Another, Regina (on The Application of) v Environment Agency and Others: SC 15 Dec 2010

Krizan and Others v Slovenska Inspekcia Zivotneho Prostredia: ECJ 15 Jan 2013

kirzan_sizpECJ2013 ECJ (Grand Chamber) Article 267 TFEU – Annulment of a judicial decision – Referral back to the court concerned – Obligation to comply with the annulment decision – Reference for a preliminary ruling – Whether possible – Environment – Aarhus Convention – Directive 85/337/EEC – Directive 96/61/EC – Public participation in the decision-making process … Continue reading Krizan and Others v Slovenska Inspekcia Zivotneho Prostredia: ECJ 15 Jan 2013

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

Ayuntamiento de Benferri v Iberdrola Distribucion Electrica: ECJ 27 Mar 2014

ECJ Preliminary ruling – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Construction of some airlines power transmission – Expansion of electricity sub-station – Non-submission of the draft environmental assessment J. L. da Cruz Vilaca, P C-300/13, [2014] EUECJ C-300/13 Bailii Directive 85/337/EEC European, Utilities, Environment Updated: 01 November … Continue reading Ayuntamiento de Benferri v Iberdrola Distribucion Electrica: ECJ 27 Mar 2014