The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public inquiry should have included the question whether the Fastlink was required, under common law principles of procedural fairness. His claim had also been rejected on the basis that he had not had a sufficient personal interest.
Held: The appeal was rejected. The SEA and EIA Directives require environmental assessments to be carried out in different but mutually complementary circumstances. The SEA Directive is concerned with the environmental effects of ‘plans and programmes’ which set the framework for future development consent of ‘projects’. The EIA Directive is concerned with the environmental impact of specific ‘projects’.
The Fastlink was not a modification triggering the consultation requirements of the SEA Directive. The WPR was a specific ‘project’ undertaken following the MTS, and the Fastlink was a modification of that project, rendering it subject to the EIA Directive’s requirements instead.
Lord Hope, Deputy President, Lord Kerr, Lord Dyson, Lord Reed, Lord Carnwath
[2012] UKSC 44, UKSC 2012/0098, [2013] 1 CMLR 28, [2013] PTSR 51, [2013] JPL 323, 2012 SLT 1211, [2013] Env LR 16, 2012 GWD 34-689
Bailii, Bailii Summary, SC Summary, SC
Roads (Scotland) Act 1984, Directive 2001/42/EC, Directive 85/337/EEC Environmental Assessment Directive, The Environmental Impact Assessment (Scotland) Regulations 1999
Scotland
Citing:
Cited – Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region ECJ 4-Mar-2010
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – . .
Appeal from – Walton v The Scottish Ministers SCS 29-Feb-2012
The reclaimer challenged the making of several orders redesignating roads around the Aberdeen Western Peripheral Route. . .
Cited – Inter-Environnement Bruxelles v Gouvernement de la Region de Bruxelles-Capitale ECJ 17-Nov-2011
ECJ Opinion – French Text – Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Applicability of the Directive in a proceeding to repeal all or part of a plan of . .
At Outer House – Walton and Others v The Scottish Ministers SCS 11-Aug-2011
Outer House – Opinion . .
Cited – Valciukiene And Others v Pakruojo ECJ 22-Sep-2011
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Plans which determine the use of small areas at local level – Article 3(3) – Documents relating to land . .
Cited – Ealing Corporation v Jones CA 1959
An enforcement notice served by the local planning authority was quashed by an inferior court. The authority sought to appeal pursuant to provisions which allowed a right of appeal to ‘any person aggrieved’.
Held: Assuming the words ‘any . .
Cited – Bushell v Secretary of State for the Environment HL 7-Feb-1980
Practical Realities of Planning Decisions
The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the . .
Cited – Ex parte Sidebotham; In re Sidebotham CA 1880
James LJ said: ‘but the words ‘person aggrieved’ do not really mean a man who is disappointed of a benefit which he might have received if some other order had been made. A ‘person aggrieved’ must be a person who has suffered a legal grievance, a . .
Cited – The Attorney-General of The Gambia v N’Jie PC 3-May-1961
(West Africa) Lord Denning said: ‘The words ‘person aggrieved’ are of wide import and should not be subjected to a restrictive interpretation. They do not include, of course, a mere busybody who is interfering in things which do not concern him; but . .
Cited – Arsenal Football Club Ltd v Ende, Smith HL 1978
It was said that the Arsenal football stadium was under-valued in local rating list. The House was asked who might be a ‘person aggrieved’ and entitled to complain about the under-valuation of a hereditament in the same area.
Held: A person . .
Cited – Cook v Southend-on-Sea Borough Council 1989
The council had public duties to perform in the maintenance of a suitable taxi service and a policy that it was seeking to implement.
Held: It could feel aggrieved by a decision adverse to the stand it was attempting to enforce in respect of . .
Cited – North East Fife District Council v Secretary of State for Scotland 1992
The court was asked as to the standing of the applicants to make their application. Lord President Hope said: ‘But in my opinion the fact that all three appellants were present at, and made representations at the public inquiry is sufficient for . .
Cited – Lardner v Renfrew District Council 1997
Rodger LP said that when construing the phrase ‘a person aggrieved’ it was necessary to have regard to the particular legislation involved, and the nature of the grounds on which the appellant claims to be aggrieved. . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Fairmount Investments Ltd v Secretary of State for the Environment HL 1976
A local authority had made a compulsory purchase order which was challenged and an inquiry was held. The inspector, after the conclusion of the hearing, conducted his own inspection of the premises as a result of which he concluded that the . .
Cited – George v Secretary of State for the Environment CA 1979
The claimant challenged a decision made under the 1946 Act.
Held: It will only be upon rare occasions that the interests of justice will require that leave be given for cross-examination of deponents on their affidavits in applications for . .
Cited – 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 – . .
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 – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – Regina v Monopolies and Mergers Commission, ex parte Argyll Group plc CA 14-Mar-1986
Weighing Interest of Seeker of Judicial Review
The court recast in simpler language the provision in section 75 empowering the Secretary of State to make a merger reference to the Commission: ‘where it appears to him that it is or may be the fact that arrangements are in progress or in . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
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 . .
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 – Whitworth v Secretary of State for Environment, Food and Rural Affairs CA 20-Dec-2010
The claimants challenged the making of an order confirming a public right of way over their farmland.
Held: Where an order is subject to confirmation by the Secretary of State, the quashing of the ‘order’ relates to the original order as made . .
Cited by:
Cited – Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd Admn 22-Aug-2013
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course.
Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned 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 . .
Cited – HS2 Action Alliance Ltd, Regina (on The Application of) v The Secretary of State for Transport and Another SC 22-Jan-2014
The government planned 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 . .
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 . .
Cited – Dover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .
Lists of cited by and citing cases may be incomplete.
Environment, European
Leading Case
Updated: 10 November 2021; Ref: scu.464932