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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Environment - From: 1996 To: 1996

This page lists 19 cases, and was prepared on 27 May 2018.

 
Budd v Colchester Borough Council [1996] Env LR 128
1996
QBD

Nuisance, Environment
This was a dog-barking case in which the Court had to consider an abatement notice. It was argued that a notice which did not specify the level of barking which constituted the nuisance and which did not specify precisely what was to be done to abate that nuisance was bad. Held: The local authority did have a choice of merely requiring a result in a particular case although, it said, that might give rise to a ground of appeal that there was an informality, defect or error in the notice.
1 Citers


 
Regina v Nature Conservancy Council ex parte London Brick Property Ltd [1996] Env LR 1
1996


Environment

Wildlife and Countryside Act 1981 28(1)
1 Citers



 
 Regina v Secretary of State for the Environment Ex Parte Kingston Upon Hull City Council; QBD 31-Jan-1996 - Independent, 08 February 1996; Times, 31 January 1996
 
Regina v Secretary of State for Transport Ex Parte Richmond Upon Thames London Borough Council and Others Gazette, 17 April 1996; Times, 21 March 1996
21 Mar 1996
QBD

Transport, Environment
An order restricting the number of night flights but without apportioning those numbers between different categories was valid.
Civil Aviation Act 1982

 
Regina v Liverpool Crown Court, Ex Parte Cooke Times, 22 April 1996; [1996] 4 All ER 589
3 Apr 1996
QBD
Leggatt LJ, Sir Iain Glidewell
Environment, Nuisance
Complaint was made against the council for creating a statutory nuisance under the 1990 Act. The tenant sought compensation under the 1973 Act. The council appealed an award of £3,000 compensation. Held: Compensation should be awarded for the period from the date of the notice until the date of the hearing. Where however the proceedings were delayed for more than six months from the date of the notice, the period was limited to the last six months before issue. Leggatt LJ "The power to make a compensation order under section 35 of the 1973 Act is of course not peculiar to statutory nuisance. So the power, and the monetary limit to which it is subject, were not themselves tailored to the requirements of statutory nuisance. It also seems unlikely that the Legislature paid regard specifically to the period in respect of which compensation would be payable. By section 35 the court may make a compensation order ´for any personal injury, loss or damage resulting from' the offence. The offence is of allowing a statutory nuisance to exist at the complainants' premises at the date of the hearing. . . . I see no warrant for construing section 82 (or section 35) so as to entitle the court to take account of the whole period for which the nuisance is alleged to have existed. That is not the subject of the complaint, which therefore gives no notice to the person responsible of the length of the period for which the nuisance is alleged to have existed."
Environmental Protection Act 1990 82(6) - Powers of Criminal Courts Act 1973 35
1 Cites

1 Citers


 
Shanks McEwan (Midlands) Ltd v Wrexham Maelor Borough Council Times, 10 April 1996
10 Apr 1996
QBD

Environment
Not only the actual licensee will be liable for breach of a waste management licence. Agents also can have liability.
Environmental Protection Act 1990 33

 
Regina v Carrick District Council Ex Parte Shelley and Another Times, 15 April 1996
15 Apr 1996
QBD

Environment, Local Government
A Local Authority failed in its duty by only observing rather than acting upon pollution of local beaches.
Environmental Protection Act 1990 80

 
Regina v National Rivers Authority Ex Parte Haughey Times, 21 May 1996
21 May 1996
QBD

Environment
Licensing system was wrongfully used to bolster another argument with the applicant.
Salmon and Freshwater Fisheries Act 1975

 
Regina v Secretary of State for the Environment, ex parte Royal Society for the Protection of Birds Times, 02 August 1996; [1997] 2 WLR 123; [1996] ECR I-3805; [1996] 3 CMLR 411; [1997] Env LR 442; C-44/95; [1997] QB 206; [1996] EUECJ C-44/95
11 Jul 1996
ECJ
GC Rodriguez Iglesias, P
Environment, European
(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 birds, which requires the Member States to take special conservation measures for certain species, and in particular to designate as Special Protection Areas the most suitable territories for their conservation, must be interpreted as meaning that a Member State is not authorized to take account of the economic requirements mentioned in Article 2 of the directive when choosing and defining the boundaries of a Special Protection Area or even to take account of economic requirements constituting a general interest superior to that represented by the ecological objective of that directive. Similarly, a Member State may not take account of economic requirements in so far as they amount to imperative reasons of overriding public interest of the kind referred to in Article 6(4) of Directive 92/43 on the conservation of the natural habitats of wild fauna and flora, as inserted in Directive 79/409. Although the latter provision widened the range of grounds on which it may be justified to encroach upon Special Protection Areas already designated as such, by expressly including therein reasons of a social or economic nature, it nevertheless did not make any change regarding the initial stage of classification referred to in Article 4(1) and (2) of Directive 79/409, and therefore the classification of sites as Special Protection Areas must in all circumstances be carried out in accordance with the criteria accepted by those provisions.
Council Directive 79/409/EEC Conservation of Wild Birds
1 Citers

[ Bailii ]
 
AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden [1996] EWHC Admin 41
19 Jul 1996
Admn

Environment, Crime

Environmental Protection Act 1990 80(4) - Control of Pollution Act 1974 60(8)
1 Cites


 
Regina v Secretary of State for Transport, Ex Parte Richmond Upon Thames London Borough Council and Others -4 Times, 20 August 1996; [1996] 1 WLR 1460
20 Aug 1996
CA

Environment
Secretary of State's night flight proposals were set out fairly rationally and intelligibly and were not to be set aside.

 
Commission v Luxembourg C-312/95 C-312/95; [1996] EUECJ C-312/95
17 Oct 1996
ECJ

Environment, Agriculture
ECJ (Judgment) Failure to fulfil obligations - Council Directives 90/219/EEC and 90/220/EEC - Genetically modified organisms. 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.
[ Bailii ]
 
Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland 'the Dutch-Dykes case) C-72/95; [1997] 3 CMLR 1; [1996] ECR I-0503; [1996] EUECJ C-72/95; [1996] ECR I-5403
24 Oct 1996
ECJ

European, Planning, Environment
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their discretion (see, in particular, VERBOND VAN NEDERLANDSE ONDERNEMINGEN). Consequently where, pursuant to national law, a court must or may raise of its own motion pleas in law based on a binding national rule which were not put forward by the parties, it must, for matters within its jurisdiction, examine of its own motion whether the legislative or administrative authorities of the Member State remained within the limits of their discretion under Article 2(1) and 4(2) of the directive.
Environmental Impact Assessment Directive (85/337/EEC)
1 Citers

[ Bailii ]
 
Regina v North Yorkshire County Council ex parte Brown [1996] EWHC Admin 203
6 Nov 1996
Admn

Planning, Environment

Town and Country Planning (Assessment of Environmental Effects) Regulations 1988
[ Bailii ]
 
Wiltshier Construction (London) Limited v Westminster City Council [1996] EWHC Admin 287
27 Nov 1996
Admn

Environment

Control of Pollution Act 1974 60
[ Bailii ]
 
Blue Circle Industries Plc v Ministry of Defence Gazette, 15 January 1997; Times, 11 December 1996
11 Dec 1996
ChD

Environment, Land
Damages for escape of nuclear waste to include diminution of land value. Radioactive pollution of land following such an overflow is physical damage.
Nuclear Installations Act 1965
1 Cites

1 Citers


 
Empress Car Company (Abertillery) Limited v National Rivers Authority (Now, Environment Agency) [1996] EWHC Admin 345
11 Dec 1996
Admn

Environment

Water Resources Act 1991 85(1)
1 Citers

[ Bailii ]

 
 Commission v Germany; ECJ 12-Dec-1996 - C-297/95; [1996] EUECJ C-297/95

 
 Commission v Italy; ECJ 12-Dec-1996 - C-302/95; [1996] EUECJ C-302/95
 
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