Chagossians update – UK Human Rights Blog

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

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UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

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Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

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No. 5 Chambers, 10th March 2014

Source: www.no5.com

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Prince Charles, the Guardian and the Unreasonable Veto – Panopticon

‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’

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Panopticon, 18th March 2014

Source: www.panopticonblog.com

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Anti-fracking campaigners challenge eviction attempt in court – The Guardian

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

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The Guardian, 6th March 2014

Source: www.guardian.co.uk

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Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

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Sentencing Council launches new definitive guideline for environmental offences – Sentencing Council

Posted February 26th, 2014 in codes of practice, environmental protection, press releases, sentencing by tracey

‘The Sentencing Council is publishing a new guideline for judges and magistrates on the sentencing of environmental offences.’

Full press release

Sentencing Council, 26th February 2014

Source: http://sentencingcouncil.judiciary.gov.uk

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Aarhus: CJEU rules against UK costs regime – UK Human Rights Blog

‘Litigation costs are troublesome, but they are particularly difficult in environmental cases where the claimant is not necessarily pursuing his private interests. This case is the result of a long-running and successful campaign by NGOs to persuade the EU Commission to investigate UK environmental legal costs. The main finding may not bother the UK too much, because wisely it saw this one coming and changed costs rules in environmental public law cases. But a subsidiary ruling about cross-undertakings as to damages will cause the courts, if not the Government, to rethink things.’

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UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

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Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities – OUT-LAW.com

Posted February 17th, 2014 in environmental protection, news, strict liability, waste by sally

‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘

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OUT-LAW.com, 14th February 2014

Source: www.out-law.com

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Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog

Posted February 17th, 2014 in environmental protection, judicial review, listed buildings, news by sally

‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’

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UK Human Rights Blog, 16th February 2014

Source: www.ukhumanrightsblog.com

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Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

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Law Commission says powers needed to curb non-native plants and animals- The Guardian

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports by tracey

‘Powers to control or eradicate invasive plants and animal species – such as Japanese knotweed or parakeets – should be given to government departments and environment protection authorities, the Law Commission has recommended.’

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The Guardian, 11th February 2014

Source: www.guardian.co.uk

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A new approach to controlling invasive non-native species – Law Commission

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports, Wales by tracey

‘We have published a report, making recommendations on the control of invasive non-native species as part of our project on wildlife.’

Full report

Law Commission, 11th February 2014

Source: www.www.justice.gov.uk/lawcommission

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Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

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UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

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Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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Law could be changed to allow fracking below houses without owners’ permission – The Independent

Posted January 27th, 2014 in compensation, consent, energy, environmental protection, news, trespass by sally

‘Ministers are reportedly reviewing laws that would allow fracking to be carried out underneath houses without the permission of the owners.’

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The Independent, 26th January 2014

Source: www.independent.co.uk

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Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

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UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

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R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

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Supreme Court rejects HS2 legal bid – BBC News

Posted January 22nd, 2014 in bills, consultations, EC law, environmental protection, news, railways by sally

‘The Supreme Court has rejected a legal bid by objectors of the HS2 national high-speed rail link to force further scrutiny of the government’s plans.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

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Court of Appeal issues key NPPF ruling in cases where no local plan yet – Local Government Lawyer

Posted December 16th, 2013 in appeals, costs, environmental protection, housing, local government, news, planning by sally

‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’

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Local Government Lawyer, 13th December 2013

Source: www.localgovernmentlawyer.co.uk

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The Supreme Court on “prohibitively expensive” costs: Aarhus again – UK Human Rights Blog

‘This is the last gasp in the saga on whether Mrs Pallikaropoulos should bear £25,000 of the costs of her unsuccessful 2008 appeal to the House of Lords. And the answer, after intervening trips to the Supreme Court in 2010 and to the CJEU in 2013, is a finding by the Supreme Court that she should bear those costs.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

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