The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant European Directive, and, secondly, whether the hybrid bill procedure, as proposed, would comply with the procedural requirements of European law. The Court of Appeal decided both issues against the appellants, the first by a majority (Sullivan LJ dissenting).
Held: The appeal failed, and a reference to the ECJ was refused.
The strategy document was not itself a plan requiring setting the framework for future development consent: ‘It is a very elaborate description of the HS2 project, including the thinking behind it and the government’s reasons for rejecting alternatives. In one sense, it might be seen as helping to set the framework for the subsequent debate, and it is intended to influence its result. But it does not in any way constrain the decision-making process of the authority responsible, which in this case is Parliament.’
Lord Reed set out the nature of a hybrid bill: ‘A hybrid bill shares certain characteristics of a public bill and a private bill. The Speaker has defined a hybrid bill as ‘a public bill which affects a particular private interest in a manner different from the private interests of other persons or bodies of the same category or class’ (Hansard (HC Debates), 10 December 1962, col 45). This hybrid character influences the Parliamentary procedure: a hybrid bill proceeds as a public bill, with a second reading, committee report and third reading, but with an additional select committee stage after the second reading in each House, at which objectors whose interests are directly and specifically affected by the bill (including local authorities) may petition against the bill and be heard. Parliamentary standing orders make provision for those persons who have standing to lodge a petition.’
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Kerr, Lord Sumption, Lord Reed, Lord Carnwath
[2014] UKSC 3, [2014] 2 All ER 109, [2014] PTSR 182, [2014] WLR(D) 28, [2014] 1 WLR 324, UKSC 2013/0172
Bailii, WLRD, Bailii Summary, SC, SC Summary
Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC, Town and Country Planning (Environmental Impact Assessment) Regulations 2011, Bill of Rights 1689 9, Directive 85/337/EEC, OJ 1985, L 175/40
England and Wales
Citing:
At First Instance – Buckinghamshire County Council and Others, Regina (on The Application of) v Secretary of State for Transport Admn 15-Mar-2013
The claimants challenged the strategy published by the government for the development of the propose HS2 railway line, saying that it required first a strategic environmentalimpact assessment under European law.
Held: The claim failed. The . .
Appeal from – HS2 Action Alliance Ltd and Others v Secretary of State for Transport CA 24-Jul-2013
The claimants challenged the plan for a major railway development, saying that an environmental impact assessment should have been made first.
Held: (Sullivan LJ dissenting) The claimant’s appeal failed. The strategy as proposed was not such . .
Cited – Terre Wallonne v Wallonia ECJ 17-Jun-2010
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Cited – Nomarchiaki Aftodioikisi Aitoloakarnanias And Others ECJ 13-Oct-2011
ECJ Opinion – Environmental protection – Directive 200/60/CE – Policy of the Union in the field of water – Deviation of the course of a river – Concept of time limit for establishing management plans for river . .
Cited – Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale ECJ 22-Mar-2012
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Concept of plans and programmes ‘which are required by legislative, regulatory or administrative . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Cited – Wiener SI GmbH v Hauptzollamt Emmerich ECJ 20-Nov-1997
ECJ Subheading 60.04 B IV b 2 bb of the Common Customs Tariff, in the version resulting from Regulation No 3400/84 amending Regulation No 950/68 on the Common Customs Tariff, must be construed as covering under . .
Cited – Edinburgh and Dalkeith Railway Company v Wauchope HL 22-Mar-1842
The company had, under authority of a private statute, built a railway which passed across land belonging to the defendant. They were to pay a sum for the goods carried. At first they sought to collect a toll, but his proved unprofitable. The . .
Cited – Lee v Bude and Torrington Junction Railway Co 1871
It was alleged that Parliament had been induced to pass an Act by fraudulent recitals.
Held: Willes J said: ‘Are we to act as regents over what is done by parliament with the consent of the Queen, lords and commons? I deny that any such . .
Cited – Pickin v British Railways Board HL 30-Jan-1974
Courts Not to Investigate Parliament’s Actions
It was alleged that the respondent had misled Parliament to secure the passing of a private Act. The claimant said that the land taken from him under the Act was no longer required, and that he should be entitled to have it returned.
Held: . .
Cited – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 25-Jun-2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union . .
Cited – Nomarchiaki Aftodioikisi Aitoloakarnanias And Others ECJ 13-Oct-2011
ECJ Opinion – Environmental protection – Directive 200/60/CE – Policy of the Union in the field of water – Deviation of the course of a river – Concept of time limit for establishing management plans for river . .
Cited – Boxus And Roua (Environment And Consumers) ECJ 18-Oct-2011
ECJ Grand Chamber – Assessment of the effects of projects on the environment – Directive 85/337/EEC – Scope – Concept of ‘specific act of national legislation’ – Aarhus Convention – Access to justice in . .
Cited – Boxus And Roua (Environment And Consumers) ECJ 18-Oct-2011
ECJ Grand Chamber – Assessment of the effects of projects on the environment – Directive 85/337/EEC – Scope – Concept of ‘specific act of national legislation’ – Aarhus Convention – Access to justice in . .
Cited – Marie-Noelle Solvay and Others v Region wallonn ECJ 16-Feb-2012
ECJ Assessment of the effects of projects on the environment – Concept of legislative act – Force and effect of the guidance in the Aarhus Convention Implementation Guide – Consent for a project given without an . .
Cited – WWF and Others v Autonome Provinz Bozen and Others C-435/97 ECJ 16-Sep-1999
ECJ Environment – Directive 85/337/EEC – Assessment of the effects of certain public and private projects . .
Cited – Rex v Electricity Commissioners, ex parte London Electricity Joint Committee Co (1920) Ltd CA 1923
The Commissioners had a statutory duty to make schemes with regard to electricity districts and to hold local enquiries before making them. They made a draft scheme which in effect allocated duties to one body which the Act required should be . .
Cited – Franklin v Minister of Town and Country Planning HL 2-Jul-1947
A government minister had decided to confirm a draft new town order following a public local inquiry. One of the grounds on which the decision was challenged was that the minister could not consider the report and the objections without a . .
Cited – Srl CILFIT v Ministero Della Sanita ECJ 6-Oct-1982
ECJ The obligation to refer to the Court of Justice questions concerning the interpretation of the EEC Treaty and of measures adopted by the community institutions which the third paragraph of article 177 of the . .
Cited – Regina v Her Majesty’s Treasury, Ex parte Smedley CA 19-Dec-1984
The applicant sought, as a taxpayer, to object to the proposed payment of andpound;121m to the European Community without an Appropriation Act, but under an Order in Council. The claim was that a draft Order in Council laid by the Treasury before . .
Cited – Grand Duchy of Luxembourg v Linster and Others ECJ 19-Sep-2000
Where a road or other development project would have a substantial impact on the environment, a law passed by a member state authorising the construction to proceed but which was in the absence of an impact assessment, was not in compliance with the . .
Cited – 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 . .
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 . .
Cited – Commission v Ireland C-50/09 ECJ 3-Mar-2011
ECJ (Environment And Consumers) Failure of a Member State to fulfil obligations – Directive 85/337/EEC – Obligation of the competent environmental authority to carry out an assessment of the effects of certain . .
Cited by:
Cited – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016
Article 50 Notice Requires Parliament’s Authority
The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
Held: Once the . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 August 2021; Ref: scu.520061