Category: Environment

International Association of Independent Tanker Owners and others v Secretary of State for Transport: ECJ 20 Nov 2007

ECJ (Environment and Consumers) Reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court) (United Kingdom). Directive 2005/35/EC Ship-source pollution Serious negligence United Nations Convention on the Law of the Sea International Convention for the Prevention of Pollution from Ships (Marpol)).

Citations:

C-308/06, [2007] EUECJ C-308/06 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

See Also – International Association of Independent Tanker Owners and others v Secretary of State for Transport ECJ 3-Jun-2008
Maritime transport Ship-source pollution Directive 2005/35/EC – Validity United Nations Convention on the Law of the Sea Marpol 73/78 Convention – Legal effects of the Conventions – Ability to rely on them Serious negligence – Principle of legal . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 12 July 2022; Ref: scu.261480

Dimmock v Secretary of State for Education and Skills: Admn 10 Oct 2007

The claimant sought to prevent the distribution by the respondent to all schools of a copy of a film about the environment made by the former US President, Al Gore.
Held: Though there were certain inacurracies, these could be dealt with by addenda, without having to withhold the film.

Judges:

Burton J

Citations:

[2007] EWHC 2288 (Admin), [2008] 1 All ER 367

Links:

Bailii

Jurisdiction:

England and Wales

Education, Environment

Updated: 12 July 2022; Ref: scu.259852

United Utilities Water Plc v Environment Agency for England and Wales: HL 17 Oct 2007

The company appealed a finding that it could not process non-hazardous waste waste at one licensed site and move it to another for disposal.
Held: The treatment must form part of a process which results in a discarded rather than a recovered product

Judges:

Lord Hoffmann, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2007] UKHL 41, Times 26-Oct-2007

Links:

Bailii

Statutes:

Pollution Prevention and Control (England and Wales) Regulations 2000

Jurisdiction:

England and Wales

Citing:

At First Instance – United Utilities Water Plc v The Environment Agency for England and Wales QBD 13-Jan-2006
. .
Appeal from – United Utilities Water Plc v Environment Agency for England and Wales CA 19-May-2006
. .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 12 July 2022; Ref: scu.259910

Commission v Italy C-255/05: ECJ 5 Jul 2007

ECJ (Environment And Consumers) Failure of a Member State to fulfil obligations – Assessment of the effects of certain projects on the environment – Waste recovery – Implementation of the ‘third line’ of the Brescia waste incinerator – Publicity for the application for a permit – Directives 75/442/EEC, 85/337/EEC and 2000/76/EC.

Citations:

[2007] EUECJ C-255/05

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 11 July 2022; Ref: scu.258194

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 appellant is plainly not, as a matter of ordinary language, a ‘person . . who caused or knowingly permitted’ the contamination to occur: it is a company which (albeit indirectly) acquired the business and assets of such a person. The respondent’s case does not merely run into problems because of the clear language of section 78F(2) of the 1990 Act. If the section is to be interpreted as extending to a successor to the business of the original polluter, is the extension to be limited to a statutory successor, or to a successor who has not acquired the business at arm’s length, or to a successor who has occupied or owned the land, or is it to apply to any successor to the business? ‘

Judges:

Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2007] UKHL 30, Times 28-Jun-2007

Links:

Bailii

Statutes:

Gas Act 1972, Environmental Protection Act 1990 78E

Jurisdiction:

England and Wales

Citing:

Appeal from – National Grid Gas Plc, Regina (on the Application of) v The Environment Agency Admn 17-May-2006
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 . .
Applied – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Lists of cited by and citing cases may be incomplete.

Environment, Land

Updated: 11 July 2022; Ref: scu.253721

Rampion et Godard, epouse Rampion v Franfinance SA et K par K SAS: ECJ 29 Mar 2007

ECJ Directive 87/102 / EEC Credit for consumption interdependence between the credit agreement and the contract of sale of goods or services financed Terms mention goods or services financed in the credit agreement Applicability of office by the national court of the domestic provisions on the interdependence between the credit agreement and the sales contract adopted in transposition of the Directive

Citations:

C-429/05, [2007] EUECJ C-429/05, [2008] Bus LR 715, [2007] ECR I-8017

Links:

Bailii

Jurisdiction:

European

Environment, Consumer

Updated: 10 July 2022; Ref: scu.251130

AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996

Citations:

[1996] EWHC Admin 41

Statutes:

Environmental Protection Act 1990 80(4), Control of Pollution Act 1974 60(8)

Jurisdiction:

England and Wales

Citing:

Cited – A Lambert Flat Management Ltd v Lomas 1981
The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) of the statute.
Held: Skinner J said: ‘I prefer to look at the scheme . .
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 . .
Lists of cited by and citing cases may be incomplete.

Environment, Crime

Updated: 10 July 2022; Ref: scu.136589

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 of waste Waste water which escapes from a collecting system.

Citations:

C-252/05, [2007] EUECJ C-252/05, [2007] 1 WLR 1945, [2007] 3 CMLR 2, [2007] 20 EG 295

Links:

Bailii

Statutes:

Directive 75/442, Directive 91/271

Cited by:

Cited – Thames Water Utilities Ltd v Bromley Magistrates’ Court Admn 20-Mar-2013
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 . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 09 July 2022; Ref: scu.248906

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 impact assessment at the second stage, and had misdirected itself when thinking it had not.

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2006] UKHL 52, Times 07-Dec-2006, [2006] 3 WLR 1209

Links:

Bailii

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (SI 1988/1199), Council Directive 85/337/EEC, Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .

Cited by:

Cited – Friends of Basildon Golf Course v Basildon District Council and Another Admn 23-Jan-2009
The council owned land on which it ran a golf course. It set out to privatise it and sought interest. An application was made for planning permission. The applicants objected to the planning permission, saying that the Environmental Impact . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 08 July 2022; Ref: scu.246816

Edwards and Another v The Environment Agency Others: CA 27 Jun 2006

Citations:

[2006] EWCA Civ 877

Links:

Bailii

Statutes:

Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000/1973)

Jurisdiction:

England and Wales

Cited by:

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.

Environment

Updated: 07 July 2022; Ref: scu.242875

Environment Agency v Biffa Waste Services and Another: Admn 23 Mar 2006

The Agency appealed dismissal of charges brought by it alleging breach of conditions of their pollution prevention and control permit. The condition referred the standard of odour emitted by reference to a perception by an Agency officer. The defendants claimed this condition was invalid as subjective.
Held: The Agency’s appeal succeeded. The condition did not offend against the requirement for clarity in the criminal law. Thought the court started with the officers evidence, it would evaluate all the circumstances in the usual way. The case was remitted.

Judges:

newman J, Stanlet Burnton J

Citations:

[2006] EWHC 1102 (Admin), Times 20-Dec-2006

Links:

Bailii

Statutes:

Water Resources Act 1991 85(1)

Jurisdiction:

England and Wales

Environment, Crime

Updated: 06 July 2022; Ref: scu.242193

Commission v Spain: ECJ 18 May 2006

ECJ Failure by a Member State to fulfil obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species – Hunting using stopped snares in private hunting areas – Castilla y Leon.
The setting of stopped snares was said to have endangered the lives of the otter.
Held: ‘For the condition as to ‘deliberate’ action in Article 12(1)(a) of the Directive to be met, it must be proven that the author of the act intended the capture or killing of a specimen belonging to a protected animal species or, at the very least, accepted the possibility of such capture or killing.’

Citations:

C-221/04, [2006] EUECJ C-221/04, [2005] Env LR 20

Links:

Bailii

Statutes:

Directive 92/43/EEC 12(1)(a)

Cited by:

Cited – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .
Lists of cited by and citing cases may be incomplete.

European, Environment, Animals

Updated: 06 July 2022; Ref: scu.241906

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 of article 1(2) 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 must be carried out pursuant to national law in a manner consistent with Community law.
2. Articles 2(1) and 4(2) of Directive 85/337 are to be interpreted as requiring an environmental impact assessment to be carried out if, in the case of grant of consent comprising more than one stage, it becomes apparent, in the course of the second stage, that the project is likely to have significant effects on the environment by virtue inter alia of its nature, size or location.’

Citations:

Times 10-May-2006, [2006] QB 764, [2006] EUECJ C-290/03

Links:

Bailii

Statutes:

Directive 85/337/EEC

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Planning, Environment

Updated: 06 July 2022; Ref: scu.241475

Commission v United Kingdom: ECJ 4 May 2006

ECJ Environment and Consumers – Failure to fulfil obligations – Directive 85/337/EEC – Assessment of the effects of certain projects on the environment – Project carried out without prior application for development consent or assessment – Action inadmissible.

Citations:

[2006] EUECJ C-98/04

Links:

Bailii

Statutes:

Directive 85/337/EEC

European, Environment

Updated: 06 July 2022; Ref: scu.241477

Greenpeace Ltd v Secretary of State for the Environment, Food and Rural Affairs: CA 31 Oct 2005

Citations:

[2005] EWCA Civ 1656

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Greenpeace Ltd, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs Admn 10-Oct-2005
Greenpeace asserted that the respondent had failed to make adequate arrangements to protect the common dolphin from unintended mortality from fishing activities as it was required to do under the Regulation. Measures had been proposed but they were . .
Lists of cited by and citing cases may be incomplete.

Animals, Environment

Updated: 05 July 2022; Ref: scu.238603

Commission v Sweden: ECJ 4 Dec 2014

ECJ (Judgment) Failure to fulfill obligations – Environment – Directive 2008/1 / EC – Integrated Pollution Prevention and Control – Existing Installation – Authorisation procedure – -Stop Pending proceedings of the Court establishing the existence of a failure – Non-compliance – Article 260, paragraph 2 TFEU – Financial penalties – Lump sum – Penalty payment

Judges:

T. von Danwitz, P

Citations:

C-243/13, [2014] EUECJ C-243/13

Links:

Bailii

Statutes:

Directive 2008/1/EC

Jurisdiction:

European

Environment

Updated: 04 July 2022; Ref: scu.539594

Commission v Sweden: ECJ 29 Mar 2012

ECJ Failure to fulfill obligations – Environment – Directive 2008/1/EC – Integrated Pollution Prevention and Abatement – Terms of permits for existing installations – Obligation to ensure the operation of such facilities in accordance with the requirements of the Directive

Citations:

C-607/10, [2012] EUECJ C-607/10

Links:

Bailii

Statutes:

Directive 2008/1/EC

Jurisdiction:

European

Environment

Updated: 04 July 2022; Ref: scu.452620

Ynos Kft (Environment and Consumers): ECJ 10 Jan 2006

ECJ Article 234 EC – Directive 93/13/EEC – Consumers – Unfair terms – National legislation adapted to comply with the directive after conclusion by a non-member State of an association agreement with the European Communities and before that State acceded to the European Union – Lack of jurisdiction of the Court

Citations:

ECLI:EU:C:2006:9, [2006] ECR I-371, C-302/04, [2006] EUECJ C-302/04

Links:

Bailii

Statutes:

Directive 93/13/EEC

Jurisdiction:

European

Consumer, Environment

Updated: 04 July 2022; Ref: scu.237654

Commission v Spain C-26/04: ECJ 15 Dec 2005

ECJ (Environment And Consumers) Failure of a Member State to fulfil obligations – Directive 76/160/EEC – Quality of bathing waters – Designation as bathing areas – Directive 79/923/EEC – Quality of shellfish waters – Establishment of a pollution reduction programme.

Citations:

[2005] EUECJ C-26/04, [2006] Env LR D8, [2005] ECR I-11059

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 04 July 2022; Ref: scu.236400

Environment Agency v Anglian Water Services Ltd: CA 31 Jan 2002

The Agency had sought the connection of an entire village to the public sewer. The Act provided that such an obligation might exist where there was a threat to environment or amenity. The water company sought judicial review of the decision. Held The contention sought by the Agency would give rise to irrational results, including either under or over provision. An obligation on a water undertaker to connect one or more properties in an area to a public sewer did not imply an obligation to connect all properties in that area similarly.

Judges:

Thorpe, Laws, Morland LLJ

Citations:

Times 18-Feb-2002, [2002] EWCA Civ 5

Links:

Bailii

Statutes:

Water Industry Act 1991 101A, Environment Act 1995

Jurisdiction:

England and Wales

Utilities, Environment

Updated: 04 July 2022; Ref: scu.167629

United Kingdom v Commission (Environment and Consumers): ECFI 23 Nov 2005

ECFI Environment – Directive 2003/87/EC – Scheme for greenhouse gas emission allowance trading – Proposed amendment to national allocation plan – Refusal by the Commission – Action for annulment.

Citations:

T-178/05, [2005] EUECJ T-178/05

Links:

Bailii

Statutes:

Directive 2003/87/EC

European, Consumer, Environment

Updated: 04 July 2022; Ref: scu.235250

Commission v United Kingdom: ECJ 20 Oct 2005

ECJ Failure of a Member State to fufil obligations – Directive 92/43/EEC – Conservation of natural habitats – Wild fauna and flora.
The respondent had failed properly to transpose the Habitats Directive into National Law. The regulations were too general and did not impose sufficiently precise obligations: ‘As the Commission has rightly pointed out, section 54A of the Town and Country Planning Act 1990, which requires applications for planning permission to be determined in the light of the relevant land use plans, necessarily means that those plans may have considerable influence on development decisions and, as a result, on the sites concerned.
It thus follows from the foregoing that, as a result of the failure to make land use plans subject to appropriate assessment of their implications for SACs, Article 6(3) and (4) of the Habitats Directive has not been transposed sufficiently clearly and precisely into United Kingdom law and, therefore, the action brought by the Commission must be held well founded in this regard.’

Citations:

Times 27-Oct-2005, C-6/04, [2005] EUECJ C-6/04

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 54A, Directive 92/43/EEC

Cited by:

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 – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .
Lists of cited by and citing cases may be incomplete.

European, Environment, Planning

Updated: 04 July 2022; Ref: scu.234610

Rockware Glass Ltd, Regina (on the Application of) v Chester City Council and Another: Admn 24 Oct 2005

Citations:

[2005] EWHC 2250 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning

Updated: 04 July 2022; Ref: scu.231575

Greenpeace Ltd, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: Admn 10 Oct 2005

Greenpeace asserted that the respondent had failed to make adequate arrangements to protect the common dolphin from unintended mortality from fishing activities as it was required to do under the Regulation. Measures had been proposed but they were criticised as inadequate to prevent many dolphin deaths, and was based on inadequate evidence.
Held: the action failed. The minister had exercised his responsibilities and discretions properly. The decision could not be called irrational. There was a stepwise strategy intended which was noy yet fully formed.

Judges:

Stanley Burnton J

Citations:

[2005] EWHC 2144 (Admin)

Links:

Bailii

Statutes:

Sea Fish Conservation Act 1967, Council Regulation EC No. 812/2004

Cited by:

Appeal From – Greenpeace Ltd v Secretary of State for the Environment, Food and Rural Affairs CA 31-Oct-2005
. .
Lists of cited by and citing cases may be incomplete.

Animals, Environment

Updated: 04 July 2022; Ref: scu.231228

Commission v Spain (Environment And Consumers): ECJ 8 Sep 2005

ECJ Failure of a Member State to fulfil obligations – Directives 75/442/EEC and 91/156/EEC – Meaning of ‘waste’ – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of certain public and private projects on the environment – Directive 80/68/EEC – Protection of groundwater against pollution caused by certain dangerous substances – Directive 91/271/EEC – Urban waste water treatment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Pollution caused by a pig farm.

Citations:

C-416/02, [2005] EUECJ C-416/02

Links:

Bailii

European, Agriculture, Environment

Updated: 03 July 2022; Ref: scu.229974

Department for Environment, Food and Rural Affairs v Alford: Admn 5 May 2005

The land owner had restored derelict farm buildings to previous levels of agricultural production. She had applied manure and calcified seaweed to the land. She appealed conviction for having carried out projects on land without satiisfying the screening requirements.
Held: The appeal was allowed. The Regulations implemented two EC directives which have a bearing on the control of projects for the use of uncultivated land and semi-natural areas in England for intensive agricultural purposes. An unauthorised increase in the intensity of agricultural use was not caught by the Regulations

Judges:

Brooke LJ, David Steel J

Citations:

[2005] EWHC 808 (Admin), Times 30-May-2005

Links:

Bailii

Statutes:

Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001 (2001 No

Citing:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 30 June 2022; Ref: scu.224546

Marchiori v The Environment Agency: CA 25 Jan 2002

The applicant appealed a refusal to order judicial review of the grant of licences for the discharge of radio-active waste from Ministry of Defence installations. The respondent treated the de-commissioning of nuclear warheads and the maintenance of current warheads together, as required for the defence of the nation. It did not see its duty as to weigh up the rationality of a nuclear defence capacity. It was submitted that refusal was an unjustified restriction on the test of the need for the waste discharge.
Held: The conduct of the defence of the nation was a matter for the Crown. The 1993 Act did not require assessment of that policy. There was nothing to support the argument that the policy was repugnant to humanitarian principles of international law

Judges:

Lord Justice Thorpe, Lord Justice Laws, And, Mr Justice Morland

Citations:

[2002] EWCA Civ 3, [2002] Eu LR 225

Links:

Bailii

Statutes:

Radioactive Substances Act 1993 13(1), Council Directive 80/836/Euratom

Jurisdiction:

England and Wales

Citing:

Cited – Chandler (TN) v Director of Public Prosecutions HL 12-Jul-1962
The defendants appealed from conviction for offences under the 1911 Act. They were supporters of an organisation seeking to prevent nuclear war, and entered an Air Force base attempting to obtain information they would later publish. They pursued a . .
Lists of cited by and citing cases may be incomplete.

Environment, European

Updated: 29 June 2022; Ref: scu.167527

Friends of the Earth Ltd and Another v Secretary of State for Environment Food and Rural Affairs and Others: CA 7 Dec 2001

When assessing the economic and social benefits of a new radiation-producing process, the Secretary of State was not obliged to include in the costs, the capital already invested in the plant. BNFL proposed to bring on-line a mixed oxide fuel (MOX) plant. The balances was to be weighed at the time of the decision, at which point costs already incurred were no longer applicable. There is a standard economic principle of ignoring sunk costs which would never be recovered.

Judges:

Lord Justice Simon Brown, Lord Justice Waller, And, Lord Justice Dyson

Citations:

Times 25-Feb-2002, [2001] EWCA Civ 1847, [2002] 1 CMLR 21, [2001] NPC 181, [2002] Env LR 24, [2001] 50 EGCS 91

Links:

Bailii

Statutes:

Council Directive 96/29/Euratom Art 6.1

Jurisdiction:

England and Wales

Environment, European, Utilities

Updated: 29 June 2022; Ref: scu.166981

EU-Wood-Trading GmbH v Sonderabfall-Management-Gesellschaft Rheinland-Pfalz mbH: ECJ 16 Dec 2004

ECJ Environment – Waste – Regulation (EEC) No 259/93 on shipments of waste – Waste intended for recovery – Objections – Powers of the authority of dispatch – Recovery contravening the requirements of Article 4 of Directive 75/442/EEC or those of national provisions – Power of the authority of dispatch to raise such objections.

Citations:

[2004] EUECJ C-277/02, C-277/02

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 28 June 2022; Ref: scu.220612

Regina on the Application of JHM Newsum v Welsh Assembly Government: CA 22 Nov 2004

The claimant had been granted judicial review of a refusal to translocate a population of great crested newts. They wanted to quarry the land occipied by the newts, and planning permission had been granted for this work. The respondent appealed.
Held: The grant of planning permission itself did not demonstrate that the quarrying was a purpose to be described as ‘an imperative reason of overriding public interest.’ The Assembly were entitled to take the view, independent of the planning authorities, as to whether the purpose on which the Trustees relied did provide an imperative reason of overriding public interest. On that basis the challenge to their decision was rejected.

Judges:

Lord Justice Tuckey Lord Justice Waller Lord Justice Mantell

Citations:

[2004] EWCA (Civ) 1565, Times 07-Dec-2004

Links:

Bailii

Statutes:

Conservation (Natural Habitats etc) Regulations 1994 44(2)(e), European Directive on the Conservation of Natural habitats and of Wild Fauna and Flora [92/43/EEC]

Jurisdiction:

England and Wales

Environment

Updated: 27 June 2022; Ref: scu.220048

Derbyshire Waste Ltd v Blewett and Another: CA 11 Nov 2004

Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than as a last resort. Though the Directive was part of English law, by affecting the weight to be given to such considerations. That weight might still be overborne by other considerations. It was not a precondition of a landfill permission that it be the best practicable environmental option. In this cas the local authority had not prepared a waste management strategy, nor set down what it considered to be the best environmental option, and its decision was so seriously flawed as to have been unlawful.

Judges:

Auld LJ, Buxton LJ, Laws LJ

Citations:

[2004] EWCA Civ 1508, Times 12-Nov-2004

Links:

Bailii

Statutes:

Landfill Directive 1991/31/EC, Council Directive 75/442/EC on Waste

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another HL 23-May-2002
The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be . .
Cited – Ministere public v Oscar Traen and others ECJ 12-May-1987
Articles 8 to 12 of Directive 75/442 on waste cover all waste-disposal activities and do not impose any limitation relating to the legal status of the operator or the frequency or purpose of the activities concerned. Article 5 of the directive does . .
Cited – 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 . .
Cited – Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council CA 22-Jan-2002
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An . .
Cited – Commission of the European Communities (Supported by the United Kingdom) v Hellenic Republic ECJ 7-Jul-2000
When assessing the penalty to be imposed on a member state for failing to comply with a judgement of the court the court had to look at the duration of the breach, its seriousness, and its ability to pay. Here a fine of 20.000 Euros per day was . .
Cited – Commission v United Kingdom ECJ 24-Jan-2002
Europa Failure by a Member State to fulfil its obligations – Environment – Waste -Directives – Waste management plans. ‘The United Kingdom does not dispute its alleged failure to meet its obligations. It admits . .
Cited – Commission v France ECJ 2-May-2002
Failure by a Member State to fulfil its obligations – Environment – Waste – Directives 75/442/EEC, 91/156/EEC, 91/689/EEC and 94/62/EC – Waste management plans: ‘ . . considering the objectives pursued by the obligation laid down in Article 7(1) of . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – AvestaPolarit Chrome Oy ECJ 11-Sep-2003
Europa Reference for a preliminary ruling: Korkein hallinto-oikeus – Finland. Approximation of laws – Directives 75/442/EEC and 91/156/EEC – Meaning of waste – Production residue – Mine – Use – Storage – Article . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 27 June 2022; Ref: scu.219327

Tombesi: ECJ 25 Jun 1997

(Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/9

Citations:

C-224/95, [1997] EUECJ C-224/95

Links:

Bailii

Statutes:

Council Directive 91/689/EEC, Council Regulation (EEC) No 259/9, Council Directive 91/156/EEC

Jurisdiction:

European

Citing:

See Also – Euro Tombesi, Santella etc ECJ 25-Jun-1997
ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 . .
See Also – Tombesi and Others ECJ 25-Jun-1997
ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 . .

Cited by:

See Also – Criminal proceedings against Tombesi and others ECJ 25-Jun-1997
ECJ Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93
Waste includes substances discarded by their owners, even if they ”have a commercial value and are . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 21 June 2022; Ref: scu.215812

Tombesi and Others: ECJ 25 Jun 1997

ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93

Citations:

C-330/94, [1997] EUECJ C-330/94

Links:

Bailii

Statutes:

Council Regulation (EEC) No 259/93, Directive 91/689/EEC, Directive 91/156/EEC

Jurisdiction:

European

Citing:

See Also – Euro Tombesi, Santella etc ECJ 25-Jun-1997
ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 . .

Cited by:

See Also – Tombesi ECJ 25-Jun-1997
(Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/9 . .
See Also – Criminal proceedings against Tombesi and others ECJ 25-Jun-1997
ECJ Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93
Waste includes substances discarded by their owners, even if they ”have a commercial value and are . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 21 June 2022; Ref: scu.215813

Euro Tombesi, Santella etc: ECJ 25 Jun 1997

ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93

Judges:

G.F. Mancini, P

Citations:

C-342/94, [1997] EUECJ C-342/94

Links:

Bailii

Statutes:

Council Regulation (EEC) No 259/93, Council Directive 91/156/EEC, Council Directive 91/689/EEC

Cited by:

See Also – Tombesi and Others ECJ 25-Jun-1997
ECJ (Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93 . .
See Also – Tombesi ECJ 25-Jun-1997
(Environment And Consumers) Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/9 . .
See Also – Criminal proceedings against Tombesi and others ECJ 25-Jun-1997
ECJ Waste – Definition – Council Directives 91/156/EEC and 91/689/EEC – Council Regulation (EEC) No 259/93
Waste includes substances discarded by their owners, even if they ”have a commercial value and are . .
Cited – Attorney-General’s Reference (No 5 of 2000) CACD 6-Jun-2001
Waste products could become ‘controlled waste’ and subject to licensing procedures without there being a recovery or disposal operation being involved. A rendering process produced a condensate which the company wished to spread on farm land without . .
Lists of cited by and citing cases may be incomplete.

European, Environment, Crime

Updated: 21 June 2022; Ref: scu.215814

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.
‘other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources’ – clearly applies to activities, such as mining or quarrying, or dragging for cockles.

Citations:

C-127/02, [2004] EUECJ C-127/02, [2005] Env LR 14, [2005] 2 CMLR 31, [2004] NPC 136, [2005] All ER (EC) 353, [2004] ECR-7405

Links:

Bailii

Jurisdiction:

European

Cited by:

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 . .
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 – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning

Updated: 21 June 2022; Ref: scu.214233

Environment Agency v Melland: QBD 11 Apr 2002

The Agency sought to prosecute the respondent for causing the tipping of waste on an unlicensed site. The defendant argued that since he had not actually been driving at the time, he was not responsible. The magistrates dismissed the case, and the Agency appealed by way of case stated.
Held: The section did not require proof that the defendant himself had driven the vehicle. The magistrates could infer the necessary control by knowledge of the ownership of the vehicle by the defendant. Section 33(7) afforded the defendant an opportunity to rebut any such inference.

Judges:

Mr Justice Harrison

Citations:

Times 22-Apr-2002, Gazette 10-May-2002

Statutes:

Environmental Protection Act 1990 33(1)(a) 33(6) 33(7)

Jurisdiction:

England and Wales

Environment

Updated: 21 June 2022; Ref: scu.170066

Commission v Spain (Judgment): ECJ 2 Aug 1993

Europa Articles 3 and 4 of Directive 79/409 on the conservation of wild birds require Member States to preserve, maintain and re-establish the habitats of the said birds as such, because of their ecological value. The obligations on Member States under those articles exist even before any reduction is observed in the number of birds or any risk of a protected species becoming extinct has materialized.
In implementing Directive 79/409 on the conservation of wild birds, Member States are not authorized to invoke, at their option, grounds of derogation based on taking other interests into account. With respect, more specifically, to the obligation to take special conservation measures for certain species under Article 4 of the directive, such grounds must, in order to be acceptable, correspond to a general interest which is superior to the general interest represented by the ecological objective of the directive. In particular, the interests referred to in Article 2 of the directive, namely economic and recreational requirements, do not enter into consideration, as that provision does not constitute an autonomous derogation from the general system of protection established by the directive.
In choosing the territories which are most suitable for classification as special protection areas pursuant to Article 4(1) of Directive 79/409 on the conservation of wild birds, Member States have a certain discretion which is limited by the fact that the classification of those areas is subject to certain ornithological criteria determined by the directive, such as the presence of birds listed in Annex I to the directive, on the one hand, and the designation of a habitat as a wetland area, on the other. However, Member States do not have the same discretion under Article 4(4) of the directive to modify or reduce the extent of such areas.
Where there has been a failure to classify a suitable area, in breach of Article 4, the requirements of Article 4(4) must still be complied with.

Citations:

C-355/90, [1993] ECR I-4221, [1993] EUECJ C-355/90

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

European, Environment, Animals

Updated: 21 June 2022; Ref: scu.160604

In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999

Where a company had gone into administration, it was not correct for a criminal prosecution under the Act to proceed without first getting the consent of the court or of the company’s administrator. Such proceedings constituted ‘other proceedings’ under the Insolvency Act. The divisional court was not bound by decisions of the Court of Session where the decision was not on all fours with the instant case.

Citations:

Times 13-Aug-1999

Statutes:

Environmental Protection Act 1990, Insolvency Act 1986 10 11

Jurisdiction:

England and Wales

Environment

Updated: 17 June 2022; Ref: scu.82150

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 of Lords, Bailii

Statutes:

Directive 85/337/EEC

Jurisdiction:

England and Wales

European, Planning, Environment

Updated: 16 June 2022; Ref: scu.184237

King and others v Brandywine Reinsurance Co (UK) Ltd: QBD 11 May 2004

Judges:

Mr Justice Coleman Colman

Citations:

[2004] EWHC 1033 (Comm)

Links:

Bailii

Cited by:

Appeal from – King v Brandywine Reinsurance Company CA 10-Mar-2005
Excess of Loss reinsurance. In the civil courts of England and Wales is that (with one obvious exception) expert evidence on the domestic law is inadmissible. . .
Lists of cited by and citing cases may be incomplete.

Environment, Insurance

Updated: 10 June 2022; Ref: scu.196703

Brook v Meltham Urban District Council: HL 20 May 1909

The Rivers Pollution Prevention Act 1876, sec. 7, provides that every sanitary authority having sewers under their control shall give facilities for carrying into such sewers liquids from factories within their district, ‘provided also that no sanitary authority shall be required to give such facilities as aforesaid where the sewers of such authority are only sufficient for the requirements of their district.’
Manufacturers claimed to have waste liquids from their factories received into the sewers of a local authority. The actual drain pipes were admittedly large enough, but the sewerage system included purification works which were only sufficient for the other requirements of the district.
Held that ‘sewers’ included the purification works which were part of the system through which the sewage flowed.

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, Gorell, and Shaw of Dunfermline

Citations:

[1909] UKHL 557, 47 SLR 557

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Utilities, Environment

Updated: 09 June 2022; Ref: scu.620579

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 (EC) 323, [2004] NPC 1, [2004] Env LR 27

Links:

Bailii

Statutes:

Directive 85/337/EEC

Jurisdiction:

European

Cited by:

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.

Environment, Planning

Updated: 08 June 2022; Ref: scu.192238

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 of the council. That review was also correct. It was not a Gillespie case. The committee already had substantial information before it. A planning authority could not rely upon undertakings and conditions to secure compliance with the requirements for an assessment.

Judges:

Lord Justice Laws Ord Justice Dyson And Lord Justice Carnwath

Citations:

[2004] Env LR 391, [2003] EWCA Civ 1408, Times 31-Oct-2003

Links:

Bailii

Statutes:

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, Council Directive 85/337/EEC of 17 June 1995 on the assessment of the effects of certain public and private projects on the environment

Jurisdiction:

England and Wales

Citing:

Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – 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 . .
Cited – Berkeley v Secretary of State for Environment Transport and the Regions London Borough of Richmond Upon Thames CA 29-Jun-2001
There is no obligation to refer every application to the Secretary of State where an objector raised a plausible argument that an environmental impact assessment might be needed. In this case the application did not fall within Schedule I, and nor . .
Cited – Regina v Cornwall County Council ex p Hardy Admn 2001
The council granted planning permission although its planning committee had decided that further surveys should be carried out to ensure that bats would not be adversely affected by the proposed development. The question was the adequacy of . .
Cited – Smith v Secretary of State for the Environment, Transport and Regions and others CA 5-Mar-2003
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 . .
Cited – Bellway Urban Renewal Southern v Gillespie CA 27-Mar-2003
The applicant appealed against a decision for development granted in the absence of its own decision. The judge had quashed the decision because of the absence of an environmental impact statement.
Held: When making the screening decision, it . .
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 – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
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 . .
Appeal from – Jones, Regina (on the Application Of) v Mansfield District Council Admn 20-Jan-2003
. .

Cited by:

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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment, Judicial Review

Updated: 08 June 2022; Ref: scu.186820

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 planning purposes whether or not actually designated. There was at an early stage strong evidence that the site deserved protection, and little was known about why it had not been designated, but the excusion from being a protected area could have been challenged at the time, and the RSPB had withdrawn its own request that the site be listed.
Held: It was now far too late to challenge the 1994 decision not to list. Although the appeal failed, it served a useful purpose in exposing an apparent lack of transparency in the procedures for classifying SPAs.
Lord Justice Carnwath said: ‘The speeches [in Berkeley] need to be read in context. Lord Bingham emphasised the very narrow basis on which the case was argued in the House . . The developer was not represented in the House, and there was no reference to any evidence of actual prejudice to his or any other interests. Care is needed in applying the principles there decided to other circumstances, such as cases where as here there is clear evidence of a pressing public need for the scheme which is under attack.’

Judges:

Lord Justice Waller Lord Justice Carnwath Lord Phillips Of Worth Matravers, Mr

Citations:

[2003] EWCA Civ 1170

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
Cited – Regina v Secretary of State for the Environment, ex parte Royal Society for the Protection of Birds ECJ 11-Jul-1996
(Judgment) When designating an area of land as a wild bird special protection site, economic factors were to be excluded.
ECJ Article 4(1) or Article 4(2) of Directive 79/409 on the conservation of wild . .
Cited – Commission v Germany (Order) (Judgment) ECJ 28-Feb-1991
Europa (Order) APPLICATION for interim measures to suspend temporarily the construction work being carried out under a coastal protection project in the area of the Leybucht, pursuant to a decision of 25 . .
Cited – Commission v Spain (Judgment) ECJ 2-Aug-1993
Europa Articles 3 and 4 of Directive 79/409 on the conservation of wild birds require Member States to preserve, maintain and re-establish the habitats of the said birds as such, because of their ecological . .
Cited – Commission v Netherlands (Judgment) ECJ 19-May-1998
ECJ The aim of the pre-litigation procedure provided for in Article 169 of the Treaty is to give the Member State concerned an opportunity to justify its position or, as the case may be, to comply of its own . .
Cited – Commission v France (Judgment) ECJ 18-Mar-1999
ECJ A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive. . .
Cited – Commission v France C-374/98 ECJ 7-Dec-2000
Europa (Judgment) The inventory of areas which are of great importance for the conservation of wild birds, more commonly known under the acronym IBA (Inventory of Important Bird Areas in the European Community), . .
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 by:

Appealed to – Bown, Regina (on the Application of) v Secretary of State for Transport Admn 26-Mar-2003
The court rejected objections to a proposed bypass on the grounds that it would interfere with otter habitats, and an area which should be designated as a Special Protection Area for Birds.
Held: The Wild Birds Directive had not seperately . .
Approved – 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 . .
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.

Planning, Environment

Updated: 07 June 2022; Ref: scu.184917

Regina (Mayer Parry Recycling Ltd) v Environment Agency and Another; Corus (UK) Ltd and Another, Interveners: ECJ 19 Jun 2003

The applicants took in ferrous scrap, sorted and cut it, selling it on to processors who would use the material in a second stage recycling process to produce ingots. The claimed entitlement to credit under the regulations.
Held: The second stage was a recycling process, but the first was not. A reprocessor was someone carrying out the process of recovery or recycling. ‘Recycling’ means reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling, but excluding energy recovery’. The provision of the 94 Directive were lex specialis as regards the earlier Directive, and it related to packaging waste only. Such packaging waste had to be worked to enable new material or product to be made from it with characteristics comparable to those of the material from which it was derived.
Advocate General Alber said: ‘The Court of Justice has thus refused to make classification of a material as waste dependent on its economic value, its fitness for reuse . . or the environmental hazards posed by it . . The holder’s conduct can be appraised only with regard to his intentions, a fact which causes the body applying the law considerable difficulties.
The Court of Justice solves this problem by inferring an intention to discard the substance from objective indicators; in doing so it has regard both to all the factual circumstances and to the aim of the waste Directive . .”

Judges:

Advocate General Alber

Citations:

C-444/00, Times 14-Jul-2003, [2003] EUECJ C-444/00, [2004] Env LR 6, [2004] 1 WLR 2644

Links:

Bailii

Statutes:

Waste Management Licensing Regulations 1994 (1994/1056), Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (1997 No 648), Council Directive 94/96/EC of December 20 1994 on packaging and packaging waste regulations

Cited by:

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.

European, Environment, Licensing

Updated: 07 June 2022; Ref: scu.184550

SITA C-116/01: ECJ 3 Apr 2003

ECJ (Judgment) Environment – Waste – Regulation (EEC) No 259/93 – Directive 75/442/EEC – Treatment of waste in several stages – Use of waste as fuel in the cement industry and use of incineration residues as raw material in cement manufacture- Classification as a recovery operation or as a disposal operation – Concept of the use of waste principally as a fuel or other means to generate energy

Citations:

[2003] 2 CMLR 4, [2004] QB 262, [2003] ECR I-2969, C-116/01, [2003] EUECJ C-116/01, [2004] 2 WLR 259

Links:

Bailii

Jurisdiction:

European

Environment

Updated: 07 June 2022; Ref: scu.180817

Regina (Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 25 Jul 2002

The applicant sought an order requiring the respondent to check the circumstances behind the issue of a certificate issued by an exporting country as to the compliance of mahogany with the Convention. The Brazilian institute responsible for issuing certificates had suspended their issue, but then had issued them under threat from the local courts. The importer should have known that the Institute was not satisfied that the provenance of the mahogany satisfied the convention.
Held: The importing state had an obligation to check the apparent validity of the certificate issued, but not to check the circumstances behind its issue. The need for commercial certainty required the certificates to be acted upon.

Judges:

Lord Justice Mummery, Lord Justice Laws and Lord Justice Dyson

Citations:

Times 26-Aug-2002, Gazette 10-Oct-2002, [2002] EWCA Civ 1036, [2002] 1 WLR 3304

Links:

Bailii

Statutes:

Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973, Control of Trade in Endangered Species (Enforcement) Regulations 1997 (SI 1997 No 1372)

Jurisdiction:

England and Wales

Environment, Animals

Updated: 06 June 2022; Ref: scu.174739

Danielsson, Largenteau and Haoa v Commission of the European Communities: ECFI 22 Dec 1995

ECFI Nuclear tests conducted by a Member State – Application for interim relief -Article 34 of the EAEC Treaty – Application for suspension of the operation of a Commission decision regarding nuclear tests. In principle, the issue of the admissibility of the main action should not be examined in proceedings relating to an application for interim measures, so as not to prejudge the Court’ s decision on the substance of the case. It should be reserved for the examination of the main action, unless it is apparent at first sight that the latter is manifestly inadmissible. When that is the case, for example because the applicant is seeking the annulment of a decision addressed to a Member State and cannot be regarded as being prima facie individually concerned by that decision, the interim application must be dismissed.

Citations:

T-219/95, [1995] EUECJ T-219/95

Links:

Bailii

Statutes:

EAEC Treaty 34

European, Jurisdiction, Environment

Updated: 06 June 2022; Ref: scu.173120

Greenpeace and others v Commission: ECFI 9 Aug 1995

ECJ 1. Persons other than the addressees may claim that a decision is of individual concern to them only if that decision affects them by reason of certain attributes which are peculiar to them, or by reason of factual circumstances which differentiate them from all other persons and thereby distinguish them individually in the same way as the person addressed. The criterion thereby applied, which requires a combination of circumstances sufficient for the third-party applicant to be able to claim that he is affected by the contested decision in a manner which differentiates him from all other persons, remains applicable whatever the nature, economic or otherwise, of the interests affected.
Even on the assumption that, where interests linked to environmental protection are involved, the mere existence of harm suffered or to be suffered can give rise to an interest in bringing an action for annulment, that harm cannot confer locus standi on an applicant if it is such as to affect, generally and in the abstract, a large number of persons who cannot be determined in advance in a way which distinguishes them individually in the same way as the addressee of a decision. That conclusion cannot be affected by the fact that in the practice of national courts in matters relating to environmental protection locus standi may depend merely on the applicants’ having a ‘sufficient’ interest, since locus standi under the fourth paragraph of Article 173 of the Treaty depends on meeting the conditions relating to the applicant’ s being directly and individually affected by the contested decision.
2. As regards persons who rely only on their position as residents in the area of those power stations, fishermen, farmers or persons concerned by the consequences which those facilities might have on local tourism, on the health of residents and on the environment, a decision addressed to a Member State granting financial assistance from the European Regional Development Fund for the construction of two power stations is a measure whose effects are likely to impinge on, objectively, generally and in the abstract, various categories of person and in fact any person residing or staying temporarily in the area concerned. It does not, therefore, affect them by reason of certain attributes which differentiate them from any other person who is, or might be in the future, in the same situation, and is thus not of individual concern to them within the meaning of the fourth paragraph of Article 173 of the Treaty.
3. The granting of financial assistance from the European Regional Development Fund does not comprise any specific procedures whereby individuals may be associated with the adoption, implementation and monitoring of decisions taken in that field. Merely submitting a complaint relating to funding which is envisaged and subsequently exchanging correspondence with the Commission cannot therefore give a complainant locus standi to bring an action under Article 173 of the Treaty against a financing decision which was not addressed to him and which does not concern him individually as if it had been addressed to him.
4. An association formed for the protection of the collective interests of a category of persons cannot be considered to be individually concerned for the purposes of the fourth paragraph of Article 173 of the Treaty by a measure affecting the general interests of that category, and is therefore not entitled to bring an action for annulment where its members may not do so individually.
However, special circumstances such as the role played by an association in a procedure which led to the adoption of an act within the meaning of Article 173 of the Treaty may justify holding admissible an action brought by an association whose members are not directly and individually concerned by the contested measure. There are no such circumstances in the case of an environmental protection association seeking to bring an action for the annulment of a Commission decision addressed to a Member State granting financial assistance from the European Regional Development Fund for the construction of two power stations, which relies for that purpose on an exchange of correspondence and a meeting with the Commission in that connection. Such contacts do not enable such an association to rely on an individual interest where the Commission did not, prior to the adoption of the contested decision, initiate any procedure in which the association was recognized as an interlocutor and where the contacts were for purposes of information only, since the Commission was under no duty either to consult or to hear the association before adopting its decision.

Citations:

T-585/93, [1995] EUECJ T-585/93

Links:

Bailii

European, Utilities, Environment

Updated: 06 June 2022; Ref: scu.172772

Palin Granit Oy v Vehmassalon kansaterveystyon kuntayhtyman hallitus: ECJ 18 Apr 2002

Harmonisation of laws – Directives 75/442/EEC and 91/156/EEC – Concept of waste – Production residue – Quarry – Storage – Use of waste – No risk to health or the environment – Possibility of recovery of waste

Judges:

Macken P

Citations:

C-9/00, [2002] EUECJ C-9/00

Links:

Bailii

Jurisdiction:

European

Cited by:

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.

European, Environment

Updated: 06 June 2022; Ref: scu.170164

Commission v Greece C-103/00: ECJ 30 Jan 2002

ECJ Failure by a Member State to fulfil its obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Protection of species.
Advocate General Leger explained article 1(I) of the Directive: ‘conservation status is regarded as ‘favourable’ when population dynamics data on the species concerned indicate that it is maintaining itself on a long-term basis as a viable component of its natural habitats, that the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and that there is, and probably will continue to be a sufficiently large habitat to maintain its populations on a long-term basis.
the combined effect of those provisions is apparently that a system of strict protection of an animal species of Community interest means a set of co-ordinated measures, of a preventative nature, which ensure in the long term that the population of the species in question is maintained or restored in the type of natural habitat to which it belongs. This assumes that there is a sufficiently large natural habitat for the species in question.’

Judges:

Advocate General Leger

Citations:

[2002] ECR I-1147, [2002] EUECJ C-103/00

Links:

Bailii

Statutes:

Directive 92/43/EEC 1(I)

Jurisdiction:

European

Cited by:

Cited – Morge, Regina (on The Application of) v Hampshire County Council CA 10-Jun-2010
Over time, an abandoned railway line had become a habitat for local wildlife. The claimant now objected to the grant of planning permission for a light railway.
Held: The claimant’s appeal failed. For an act to fall within 12(1)(b) of the . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 05 June 2022; Ref: scu.167572

Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council: CA 22 Jan 2002

Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An objective was something to be kept in mind at all stages of an assessment, and even when considering other matters. The objective of both the Directive and the Act was to find the best overall technique, but without incurring excessive costs. There was no requirement to refuse permission because there was no immediate need for the land or because the decision made no positive contribution to meeting the objective.

Judges:

Lord Justice Pill, Lord Justice Robert Walker, And, Mr Justice Laddie

Citations:

Gazette 15-Mar-2002, [2002] EWCA Civ 31, [2003] QB 503

Links:

Bailii

Statutes:

Waste Framework Directive (75/442/EEC as amended by 91/156/EEC and 96/350/EEC), Environmental Protection Act 1990 7(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Daventry District Council ex parte Thornby Farms Admn 28-Jul-2000
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .

Cited by:

Appealed to – Regina v Daventry District Council ex parte Thornby Farms Admn 28-Jul-2000
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .
Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.

Environment, Planning

Updated: 05 June 2022; Ref: scu.167473

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 whose act or default the nuisance arises or continues.’
Held: Absent any relevant legal duty on him under statute or at common law to take positive action to remove the nuisance, the defendant was not in ‘default’.
Lord Goddard CJ said: ‘In my opinion what we have to consider is whether the obstruction in the present case was caused and was continued by the act or default of the defendants, and not whether it was caused and continued through their act, default, or sufferance. I cannot construe the word ‘default’ here in the way in which we have been asked to construe it by the Rural District Council. I do not think that in this case ‘default’ could mean merely doing nothing, unless an obligation to do something were imposed by the Act. There is no act of the defendants which caused the obstruction either to arise or continue. I can well understand that there might be a case where it might be said that a person who failed to do something which he ought to have done, such for instance as failing to prevent obstructive matter from going into a river from his own premises, had caused obstruction by his default. In the present case, on the facts found by the justices, there is nothing to show that the defendants did anything which caused this obstruction to arise or to continue; nor do I think that there is anything which can properly be called a default on their part.’

Judges:

Lord Goddard CJ

Citations:

[1951] 1 KB 115

Statutes:

Public Health Act 1936 93 259(1)(b)

Jurisdiction:

England and Wales

Cited by:

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 . .
Cited – Bybrook Barn Garden Centre Ltd and Others v Kent County Council CA 8-Jan-2001
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an . .
Cited – Manolete Partners Plc v Hastings Borough Council TCC 12-Apr-2013
Application for compensation under s.106 of the Building Act 1984 for compensation as a result of the Council exercising its powers to prevent access to Hastings Pier under s.78 of the 1984 Act.
Held: The court rejected the defence, holding . .
Cited – Hastings Borough Council v Manolete Partners Plc SC 27-Jul-2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The . .
Lists of cited by and citing cases may be incomplete.

Environment, Torts – Other

Updated: 05 June 2022; Ref: scu.200247

Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001

The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue a licence.
Held: The transitional provisions were not easy, but had been navigated correctly by the Environment Agency. The Agency had considered the report governing these matters which did not in any event have the force of law. The application failed.

Judges:

Turner J

Citations:

[2001] EWHC Admin 1058

Links:

Bailii

Statutes:

Environmental Protection Act 1990 7 7(4), Pollution Prevention and Control (England and Wales) Regulations 2000 9, Council Directive 96/61/EC Integrated Pollution Prevention and Control

Environment, Utilities

Updated: 05 June 2022; Ref: scu.167369

Regina (Friends of the Earth Ltd and Greenpeace Ltd) v Secretary of State for the Environment, Food and Rural Affairs: Admn 15 Nov 2001

BNFL sought permission to operate a plant manufacturing MOX fuel from nuclear waste. The applicants sought judicial review of the respondent’s permission. The Act provided no way of challenging a plant before its construction. When permission was sought, it was on the basis that the construction costs, of andpound;300 million, having already been incurred no longer formed part of the economic equation against which it was to be assessed. There was no formal requirement for such an assessment but case law suggested it was required to test the economic benefit of the development. The claimants argued that the assessment should include the capital costs. The assessment should not be arbitrarily affected by the time at which it was carried out. The Minister argued that the law gave him a wide discretion as to how it should be assessed.
Held: Although the discretion was not as wide as had been argued, the Secretary of State had adopted a classic economic approach to sunk costs. That was within his discretion. Review refused.

Judges:

Mr Justice Collins

Citations:

[2001] EWHC Admin 914

Links:

Bailii

Statutes:

Radioactive Substances Act 1993, Euratom Treaty Directive 80/836 Articles 6(a) and 13, Directive 96/29

Jurisdiction:

England and Wales

Environment, European

Updated: 05 June 2022; Ref: scu.167263

Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001

The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the Environment Agency had properly considered to be outwith its jurisdiction. The later confirmation by the Food Standards Agency of the licence remedied the defect as regards the need for its approval at the time.

Citations:

Gazette 12-Apr-2001

Statutes:

Recommendations of the International Commission on Radiological Protection (Nov 1990), Environment Act 1995 16(4A)(b)

Jurisdiction:

England and Wales

European, Environment, Administrative

Updated: 05 June 2022; Ref: scu.88445

Regina v Environment Agency, ex parte Castle Cement Ltd: QBD 5 Apr 2001

The applicant burned Cemfuel in its Cement Works. The Agency changed the licence conditions to declare that Cemfuel was a hazardous waste. The issue was whether the recovery of Cemfuel from waste created a product no longer waste, and that process was complete by the time it came to be used by them. It was held that Cemfuel was an remained a hazardous waste, until ‘recovered by being used up entirely as fuel. A partial use did not result in it ceasing to be waste.

Citations:

Gazette 05-Apr-2001

Statutes:

Council Directive 94/67/EC on the incineration of hazardous waste, Environmental Protection Act 1990

Jurisdiction:

England and Wales

Environment

Updated: 05 June 2022; Ref: scu.88444

Tridon, Federation departementale des chasseurs de l’Isere, and Federation Rhone-Alpes de protection de la nature (Frapna), section Isere: ECJ 23 Oct 2001

ECJ Wild fauna and flora – Endangered species – Application in the Community of the Washington Convention

Citations:

C-510/99, [2001] EUECJ C-510/99, [2001] ECR I-7777, [2002] All ER (EC) 534, ECLI:EU:C:2001:559, [2002] Env LR D 5, [2003] 1 CMLR 2

Links:

Bailii

Jurisdiction:

European

Animals, Environment

Updated: 04 June 2022; Ref: scu.166765

Hatton and Others v United Kingdom: ECHR 2 Oct 2001

The appellants claimed that the licence of over-flying from Heathrow at night, by making sleep difficult, infringed their rights to a family life. The times restricting over-flying had been restricted. The applicants’ complaints fell within a positive duty on the state to take reasonable and appropriate measures to secure the applicants’ rights under article 8.1. The authorities had to find a balance within their margin of discretion. There had been no critical examination of the benefits of night flying to the economy. Judicial review would not be wide enough to allow a proper remedy, since it could not consider the Human rights of the appellants. There had therefore been a breach of article 13. ‘At the same time, the Court reiterates the fundamentally subsidiary role of the Convention. The national authorities have direct democratic legitimation and are, as the Court has held on many occasions, in principle better placed than an international court to evaluate local needs and conditions. In matters of general policy, on which opinions within a democratic society may reasonably differ widely, the role of the domestic policy maker should be given special weight.’

Judges:

J-P Costa, President and Judges L. Loucaides, P. Kuris, F. Tulkens, K. Jungwiert, H. S. Greve and Sir Brian Kerr, ad hoc judge Section Registrar S. Dolle

Citations:

36022/97, Times 08-Oct-2001, [2001] ECHR 561, [2003] ECHR 338, (2003) 37 EHRR 611, [2001] ECHR 565, [2000] ECHR 709

Links:

Worldlii, Worldlii, Bailii, Bailii, Bailii

Statutes:

European Convention on Human Rights Art 8.1, Civil Aviation Act 1982 78(3)

Jurisdiction:

Human Rights

Citing:

Cited – Powell and Rayner v The United Kingdom ECHR 21-Feb-1990
The applicants complained of the noise generated by Heathrow Airport saying that it affected their human rights to enjoy their private life and possessions.
Held: Whether the case was analysed in terms of a positive duty on the state to take . .
Cited – Guerra and Others v Italy ECHR 19-Feb-1998
(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an . .
Referred to – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .

Cited by:

Cited – Dennis and Dennis v Ministry of Defence QBD 16-Apr-2003
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. . .
Appeal from – Hatton and Others v The United Kingdom ECHR 8-Jul-2003
More Night Flights No Infringement of Family Life
The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – MGN Limited v United Kingdom ECHR 18-Jan-2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous . .
Lists of cited by and citing cases may be incomplete.

Transport, Environment, Human Rights, Judicial Review

Updated: 04 June 2022; Ref: scu.166529

Guerra and Others v Italy: ECHR 19 Feb 1998

(Grand Chamber) The applicants lived about 1km from a chemical factory which produced fertilizers and other chemicals and was classified as ‘high risk’ in criteria set out by Presidential Decree.
Held: Failure by a government to release to an affected population details of known pollution risks could amount to breach of their human rights: ‘The Court considers that Italy cannot be said to have ‘interfered’ with the applicants’ private or family life; they complained not of an act by the State but of its failure to act. However, although the object of Article 8 is essentially that of protecting the individual against arbitrary interference by the public authorities, it does not merely compel the State to abstain from such interference: in addition to this primarily negative undertaking, there may be positive obligations inherent in effective respect for private or family life’ and
‘The Court reiterates that severe environmental pollution may affect individuals’ well being and prevent them from enjoying their homes in such a way as to affect their private and family life adversely . . The Court holds, therefore, that the respondent State did not fulfil its obligation to secure the applicants’ right to respect for their private and family life, in breach of Article 8 of the Convention.’
As to Article 10: ‘The Court reiterates that freedom to receive information, referred to in paragraph 2 of Article 10 of the Convention, ‘basically prohibits a government from restricting a person from receiving information that others wish or may be willing to impart to him’. That freedom cannot be construed as imposing on a State, in circumstances such as those of the present case, positive obligations to collect and disseminate information of its own motion.’
In conclusion, Article 10 is not applicable in the instant case.’

Citations:

Gazette 20-May-1998, 14967/89, (1998) 26 EHRR 357, [1998] ECHR 7

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 8 810

Citing:

Cited – Lopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
Applied – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .

Cited by:

Cited – Hatton and Others v United Kingdom ECHR 2-Oct-2001
The appellants claimed that the licence of over-flying from Heathrow at night, by making sleep difficult, infringed their rights to a family life. The times restricting over-flying had been restricted. The applicants’ complaints fell within a . .
Cited – Lough and others v First Secretary of State Bankside Developments Ltd CA 12-Jul-2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery.
Held: The only basis of the challenge was under article 8. Cases established of a breach . .
Cited – Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others FD 5-Jul-2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter.
Held: The application was frivolous. . .
Cited – Times Newspapers Ltd (Nos. 1 And 2) v The United Kingdom ECHR 10-Mar-2009
The applicant alleged that the rule under United Kingdom law whereby each time material is downloaded from the Internet a new cause of action in libel proceedings accrued (‘the Internet publication rule’) constituted an unjustifiable and . .
Cited – Bryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis Admn 23-May-2011
Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that . .
Cited – Kennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
Cited – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.

Environment, Human Rights

Updated: 04 June 2022; Ref: scu.165586

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 years, but the owner had known that its future was uncertain because of the possibility of revocation. It contended that it should have had more time in which to close down and that it had made investments which should have been allowed to be more fully exploited.
Held: The time given was reasonable. Disputes under planning rules could affect civil rights to build on the applicant’s land. Signatory states enjoy a wide ‘margin of appreciation’ in this area relating to the control of the use of land in the public interest for environmental reasons, and that the controls prescribed or interferences involved must be without any reasonable foundation if the court is to regard them as disproportionate.

Citations:

[1991] 13 EHRR 784, 12033/86, [1991] ECHR 2

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights P-1 A-1

Jurisdiction:

Human Rights

Cited by:

Cited – 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 – 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 . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Environment, Planning

Updated: 04 June 2022; Ref: scu.165084

Spain v Council: ECJ 30 Jan 2001

ECJ Legal basis – Environment – Council decision approving the Convention on cooperation for the protection and sustainable use of the river Danube – Article 130s(1) and (2) of the EC Treaty (now, after amendment, Article 175(1) and (2) EC) – Concept of ‘management of water resources.

Citations:

[2001] EUECJ C-36/98, C-36/98, [2001] ECR I-779

Links:

Bailii

Cited by:

Cited – Commission v Council (Police And Judicial Cooperation In Criminal Matters) ECJ 13-Sep-2005
The Commission sought anullment of Council Framework Decision 2003/80/JHA on the protection of the environment through criminal law. The framework decision laid down a number of environmental offences, in respect of which the Member States are . .
Lists of cited by and citing cases may be incomplete.

European, Environment

Updated: 04 June 2022; Ref: scu.162325

Regina v Minister of Agriculture, Fisheries and Food, ex parte Standley and others: ECJ 29 Apr 1999

(Judgment) Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Identification of waters affected by pollution – Designation of vulnerable zones – Criteria – Validity in the light of the polluter pays principle, the principle that environmental damage should as a priority be rectified at source, the principle of proportionality and the right to property

Citations:

C-293/97, [1999] EUECJ C-293/97

Links:

Bailii

Jurisdiction:

European

Environment, Agriculture

Updated: 04 June 2022; Ref: scu.162206

Edwards, Regina (on the Application Of) v Environment Agency and Another: Admn 2 Apr 2004

The claimant challenged the granting of permission to a cement factory to change its energy systems to be operated by the burning of waste tyres. The respondent was concerned as to the standing of the claimant. He was impecunious, but associated with a woman who was a leading light in the campaign and relatively well off.
Held: ‘Mr Edwards has a sufficient interest in the decision to issue the Permit even if he is temporarily homeless, because as an inhabitant of Rugby he will be affected by any adverse impact on the environment which the trials on the use of tyre chips may have.’

Judges:

Keith J

Citations:

[2004] EWHC 736 (Admin)

Links:

Bailii

Statutes:

Pollution Prevention and Control (England and Wales) Regulations 2000, Supreme Court Act 1981 31(3)

Jurisdiction:

England and Wales

Cited by:

At First Instance – 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.

Environment, Judicial Review, Legal Aid

Updated: 04 June 2022; Ref: scu.198212

Commission v Ireland: ECJ 21 Sep 1999

ECJ (Judgment) Environment – Directive 85/337/EEC – Assessment of the effects of certain public or private projects – Setting of thresholds

Judges:

J.-P. Puissochet, P

Citations:

C-392/96, [1999] EUECJ C-392/96, [2000] Env LR D15, [2000] QB 636, [2000] 2 WLR 958, [1999] ECR I-5901, [1999] 3 CMLR 727, [1999] 4 PLR 107

Links:

Bailii

Statutes:

Directive 85/337/EEC

European, Environment

Updated: 03 June 2022; Ref: scu.162001