swarb.co.uk - law index
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Environment - From: 1993 To: 1993
This page lists 13 cases, and was prepared on 27 May 2018.
Greenwich London Borough Council v Secretary of State for Environment and Another Ind Summary, 15 March 1993; Times, 02 March 1993; [1993] CLY 439
2 Mar 1993
CA
Environment, Land
When the Secretary of State considered the offer of land in substitution for other land, an ancient woodland and site of special scientific interest, which was sought to be compulsorily acquired for a roadway, he was entitled to assess whether the exchanged land would be equally advantageous at the time when the exchange would take place, and to exercise a degree of flexibility.
Wildlife and Countryside Act 1981 - Acquisition of Land Act 1981 19
Thanet District Council v Kent Cc Ind Summary, 29 March 1993
29 Mar 1993
QBD
Environment
Seaweed lying on a shore is not 'controlled waste' requiring removal.
Control of Pollution Act 1974 30(1)
Commission v United Kingdom (Judgment) C-56/90; [1993] EUECJ C-56/90; [1993] ECR I-4109
14 Jul 1993
ECJ
European, Environment
ECJ 1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission' s initial failure to react to a communication addressed to it regarding the manner in which the Member State intended to implement the directive that the Commission, which was obliged by neither Article 5 of the Treaty nor the provisions of the directive to express a view within a given period, had approved the criteria notified. It is for the Commission to decide when it intends to formulate objections and there is nothing to prevent it subsequently bringing proceedings against the Member State for failure to fulfil obligations.
2. The definition of "bathing water" within the meaning of the second indent of Article 1(2)(a) of Directive 76/160 concerning the quality of bathing water must, in the light of the directive' s underlying purpose as expressed in the recitals in the preamble thereto, be understood as encompassing at all events the waters of bathing resorts equipped with certain facilities, such as changing huts, toilets and markers indicating bathing areas, and supervised by lifeguards.
3. Directive 76/160 concerning the quality of bathing water, Article 4(1) of which imposes an obligation on Member States to take all the measures necessary to ensure that their bathing waters conform to the physical, chemical and microbiological values laid down by the directive within a period of ten years from its notification, requires Member States to take steps to ensure that the prescribed results are attained within the period laid down; apart from the derogations expressly provided for by the directive they may not rely on particular circumstances to justify a failure to fulfil that obligation.
1 Citers
[ Bailii ]
Commission v Spain (Judgment) C-355/90; [1993] ECR I-4221; [1993] EUECJ C-355/90
2 Aug 1993
ECJ
European, Environment, Animals
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.
1 Citers
[ Bailii ]
Woodhouse v Walsall Metropolitan Borough Council Ind Summary, 09 August 1993
9 Aug 1993
QBD
Environment
The 'manager... of body corporate' includes decision maker re corporate policy.
Consumer Protection Act 1974
Thomas and Another v Countryside Council for Wales Times, 24 August 1993
24 Aug 1993
QBD
Environment
Maintenance of amenity etc are proper considerations in assessment.
Commission of the European Community v United Kingdom Independent, 24 August 1993; C-56/90
24 Aug 1993
ECJ
Environment, European
The wording in the directive regarding the 'traditional practice of bathing by large numbers' is precise, and the UK must implement it.
Europa 1. Acts of the institutions - Directives - Implementation by the Member States - Information given to the Commission concerning planned measures - Obligation of the Commission to react within a specific period - None - Possibility of subsequently bringing proceedings against a Member State for failure to fulfil obligations (EEC Treaty, Arts 5, 169 and 189, third para.) 2. Approximation of laws - Quality of bathing water - Directive 76/160 - Bathing waters - Definition - Areas specially equipped for bathing and supervised by lifeguards - included irrespective of the actual number of bathers (Council Directive 76/160, Art. 1(2)(a), second indent) 3. Approximation of laws - Quality of bathing water - Directive 76/160 - Implementation by the Member States - Obligation as to the result to be achieved (Council Directive 76/160)
1. A Member State which is bound to implement a directive is not entitled to draw the inference from the Commission's initial failure to react to a communication addressed to it regarding the manner in which the Member State intended to implement the directive that the Commission, which was obliged by neither Article 5 of the Treaty nor the provisions of the directive to express a view within a given period, had approved the criteria notified. It is for the Commission to decide when it intends to formulate objections and there is nothing to prevent it subsequently bringing proceedings against the Member State for failure to fulfil obligations. 2. The definition of "bathing water" within the meaning of the second indent of Article 1(2)(a) of Directive 76/160 concerning the quality of bathing water must, in the light of the directive' s underlying purpose as expressed in the recitals in the preamble thereto, be understood as encompassing at all events the waters of bathing resorts equipped with certain facilities, such as changing huts, toilets and markers indicating bathing areas, and supervised by lifeguards. 3. Directive 76/160 concerning the quality of bathing water, Article 4(1) of which imposes an obligation on Member States to take all the measures necessary to ensure that their bathing waters conform to the physical, chemical and microbiological values laid down by the directive within a period of ten years from its notification, requires Member States to take steps to ensure that the prescribed results are attained within the period laid down; apart from the derogations expressly provided for by the directive they may not rely on particular circumstances to justify a failure to fulfil that obligation.
Thomas and Another v Countryside Council for Wales Independent, 29 September 1993
29 Sep 1993
QBD
Environment
Compensation for Site of Special Scientific Interest may include for environmental work done by farmer.
Regina v HM Inspector of Pollution and Ministry of Agriculture, Fisheries and Food, Ex Parte Greenpeace Ltd; CA 30-Sep-1993 - Independent, 30 September 1993; [1994] 4 All ER 329; [1993] EWCA Civ 9; [1994] ELR 76; [1994] 1 WLR 570
Regina v Secretary of State for Transport, ex parte Richmond Upon Thames London Borough Council and Others Independent, 15 October 1993; Times, 12 October 1993; [1994] 1 WLR 74
12 Oct 1993
QBD
Environment
Rules made to control the number of night flights were unlawful. The calculations used were not in the methods prescribed by Act. Suggest change to Order 53.
Civil Aviation Act 1982 73(3b)
National Rivers Authority v Yorkshire Water Services Ltd Times, 24 November 1993; Independent, 19 November 1993
19 Nov 1993
QBD
Environment, Utilities
'Causing' is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party.
Water Act 1989 107(1)(a)
1 Cites
1 Citers
National Rivers Authority v Wright Engineering Co Ltd Independent, 19 November 1993; [1994] 4 All ER 281
19 Nov 1993
QBD
Buckley J
Environment
Escape following vandalism was not 'caused' by the company. It was not foreseeable. Although there had been past incidents of vandalism at the defendant's premises, "the vandalism involved was not reasonably foreseeable because it was out of all proportion to the earlier and more minor incidents." Though Welsh Water Authority -v- Williams Motors (Cwmdu) Ltd was approved, "that does not mean that foreseeability is wholly irrelevant. It is one factor which a tribunal may properly consider in seeking to apply common sense to the question: who or what caused the result under consideration."
Water Act 1989 107(1)(a)
1 Cites
1 Citers
Cambridge Water Company v Eastern Counties Leather Plc; HL 9-Dec-1993 - Times, 10 December 1993; Gazette, 16 March 1994; Independent, 10 December 1993; (1994) 1 All ER 53; [1994] 2 WLR 53; [1994] 2 AC 264; [1993] UKHL 12