Inspector misinterpreted policy allowing “reasonable expansion” of business in midlands green belt, High Court rules – OUT-LAW.com

Posted August 14th, 2015 in environmental protection, interpretation, local government, news, planning by tracey

‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’

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OUT-LAW.com, 11th August 2015

Source: www.out-law.com

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Regina (Champion) v North Norfolk District Council and another – WLR Daily

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

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Supreme Court refuses relief despite legal defect before planning permission – Local Government Lawyer

Posted July 27th, 2015 in EC law, environmental protection, local government, news, planning by sally

‘The Supreme Council has refused to grant relief despite finding a legal defect in the procedure prior to a district council’s grant of planning permission for a development, in a key case relating to appropriate assessments, EIA assessments and mitigation measures.’

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Local Government Lawyer, 22nd July 2015

Source: www.localgovernmentlawyer.co.uk

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Off the scale: Sentencing very large companies for environmental crimes – Henderson Chambers

Posted July 27th, 2015 in environmental protection, news, pollution, sentencing, water companies by sally

‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘

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Henderson Chambers, June 2015

Source: www.hendersonchambers.co.uk

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Council was entitled to refuse disclosure of planning documents, tribunal rules – OUT-LAW.com

‘The First-Tier Tribunal has dismissed an appeal and held that following a freedom of information request Aylesbury Vale District Council was entitled to refuse disclosure of correspondence between its solicitor and the planning department.’

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OUT-LAW.com, 9th July 2015

Source: www.out-law.com

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Higher fines for repeated corporate convictions more likely following Thames Water judgment, says expert – OUT-LAW.com

‘ Companies repeatedly convicted of regulatory offences should expect fines to be in the millions of pounds following a string of recent court cases.’

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OUT-LAW.com, 22nd June 2015

Source: www.out-law.com

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Developer loses Court of Appeal challenge over neighbourhood plan – Local Government Lawyer

Posted June 22nd, 2015 in appeals, documents, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a developer’s challenge over the inclusion of site allocation policies in a neighbourhood development plan. The appellant in Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors [2015] EWCA Civ 597 was a house-building company with a commercial interest in land to the west of Ayston Road in the town of Uppingham in the county of Rutland.’

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Local Government Lawyer, 18th June 2015

Source: www.localgovernmentlawyer.co.uk

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Government ordered to publish redacted fracking report in full – The Guardian

Posted June 19th, 2015 in energy, environmental protection, freedom of information, news, reports by tracey

‘A heavily-redacted government report on the impacts of fracking on house prices, businesses and services in rural areas must be published in full, the UK’s information commissioner has ruled.’

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The Guardian, 18th June 2015

Source: www.guardian.co.uk

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English judge: persistent environmental offenders should expect ‘substantial’ fines – OUT-LAW.com

‘Companies that persistently breach environmental regulations should expect a “substantial increase” in fines levied for their second and subsequent offences, judges in the Court of Appeal have warned.’

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OUT-LAW.com, 12th June 2015

Source: www.out-law.com

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R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily

R (Luton Borough Council) v Central Bedfordshire Council and others [2015] EWCA Civ 537; [2015] WLR (D) 226

‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Civil procedure: costs recoverability – Law Society’s Gazette

‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

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Campaigners gear up for legal challenge over UK runways – BBC News

‘A charity, which successfully took the last Heathrow expansion scheme to court, says it could do the same again if ministers press ahead with a new runway at either Heathrow or Gatwick.’

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BBC News, 18th May 2015

Source: www.bbc.co.uk

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Dransfield v Information Commissioner and another; Craven v Information Commissioner and another – WLR Daily

Posted May 15th, 2015 in environmental protection, freedom of information, law reports by tracey

Dransfield v Information Commissioner and another: Craven v Information Commissioner and another; [2015] EWCA Civ 454; [2015] WLR (D) 215

‘The Court of Appeal gave guidance as to the approach of a decision-maker when determining, for the purposes of section 14(1) of the Freedom of Information Act 2004, whether a right to information request was vexatious and whether, for the purposes of regulation 12(4)(b) of the Environmental Information Regulations 2004, a request for environmental information was “manifestly unreasonable”.’

WLR Daily, 14th May 2015

Source:www.iclr.co.uk

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Judge upholds ACV listing of green belt site – OUT-LAW.com

Posted May 6th, 2015 in environmental protection, news, planning, tribunals by sally

‘A First-Tier Tribunal judge has dismissed a challenge by developer Banner Homes to the listing of a 4.83 hectare site by St Albans City and District Council as an asset of community value (ACV).’

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OUT-LAW.com, 5th May 2015

Source: www.out-law.com

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Greenpeace anti-fracking advert banned for claiming support of ‘experts’ – The Independent

Posted May 6th, 2015 in advertising, charities, energy, environmental protection, news by sally

‘A Greenpeace advert opposing fracking has been banned for claiming experts agreed that the process would not cut energy bills.’

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The Independent, 6th May 2015

Source: www.independent.co.uk

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Supreme Court: no excuses, UK must comply with EU air pollution law – UK Human Rights Blog

Posted May 1st, 2015 in EC law, environmental protection, news, pollution, Supreme Court by tracey

‘R (ClientEarth) v Secretary of State for Environment, Food & Rural Affairs, Supreme Court, 29 April 2015. Bit of a history to this one, with 5 hearings so far. The short version is that in May 2013, the UK Supreme Court (here), faced with the UK’s non-compliance with EU Directive 2008/50 (nitrogen dioxide etc in air), decide to refer various issues to the CJEU in Luxembourg. In 2014, the CJEU said its piece, (C404-13 and my post here), and its views are now considered by the Supreme Court, hence this second SC judgment.’

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UK Human Rights Blog, 30th April 2015

Source: www.ukhumanrightsblog.com

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R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2015] UKSC 28 & [2013] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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High Court rejects challenge to Nottinghamshire joint strategy approach to green belt boundaries – OUT-LAW.com

Posted April 29th, 2015 in environmental protection, housing, local government, news, planning by sally

‘The High Court has rejected a parish council’s challenge to the joint planning strategy of several Nottinghamshire local authorities after finding that the correct approach had been taken to the proposed alteration of green belt boundaries.’

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OUT-LAW.com, 28th April 2015

Source: www.out-law.com

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Water companies are public authorities and must therefore disclose environmental information – UK Human Rights Blog

‘Water and sewage utility companies are “public authorities” for the purposes of the environmental information regulations, and are bound by them accordingly, the Administrative Appeals Chamber of the Upper Tribunal has ruled.’

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UK Human Rights Blog, 16th April 2015

Source: www.ukhumanrightsblog.com

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Supreme Court to rule on illegal pollution levels – The Independent

Posted April 14th, 2015 in appeals, environmental protection, health, news, pollution, Supreme Court by sally

‘A Supreme Court ruling this week could finally force the Government to drastically speed up its plans to deal with dangerous levels of air pollution, as a long-running battle over illegal levels of nitrogen dioxide comes to a head.’

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The Independent, 12th April 2015

Source: www.independent.co.uk

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