A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

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Business And Human Rights… More Than Lofty Rhetoric? – RightsInfo

‘This Thursday, it will be five years since the United Nations Human Rights Council first adopted the UN Guiding Principles on Business and Human Rights. This post argues that while the UK has demonstrated its commitment to these principles and the protection of human rights in business, there is still room for improvement.’

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RightsInfo, 13th June 2016

Source: www.rightsinfo.org

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Popular zoo animals could be banned under EU rules amid fears about them escaping – Daily Telegraph

Posted June 6th, 2016 in animals, EC law, environmental protection, news by sally

‘Popular zoo animals including raccoons and chipmunks could be banned from collections under EU rules amid concerns about them escaping and setting up home, it has been claimed.’

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Daily Telegraph, 6th June 2016

Source: www.telegraph.co.uk

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UK government spent £105,000 in legal fees on lost air pollution case – The Guardian

‘The government spent at least £105,000 in legal costs while fighting and losing a court challenge over illegal levels of air pollution, according to data released through freedom of information rules, and now faces further bills from a new case it is contesting.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

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Tate to face information tribunal over payments from BP – The Guardian

Posted May 9th, 2016 in budgets, disclosure, energy, environmental protection, news, tribunals by sally

‘Tate will come under fire again over its relationship with fossil fuel companies when it is forced to defend its refusal to disclose details of financial payments made to it by BP.’

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The Guardian, 8th May 2016

Source: www.guardian.co.uk

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Latest twist on standard of review in Aarhus cases – UK Human Rights Blog

Posted May 3rd, 2016 in environmental protection, local government, news, treaties, trees by tracey

‘R (o.t.a. Dilner) v. Sheffield City Council [2016] EWHC 945 (Admin), Gilbart J, 27 April 2016. A quick note on the latest Aarhus Convention point to come before the domestic courts.’

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UK Human Rights Blog, 3rd May 2016

Source: www.ukhumanrightsblog.com

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UK government faces second court battle over air pollution plans – The Guardian

‘The UK government is to be sued in the high court over its air pollution plans, just a year after losing at the supreme court and being ordered to fulfil its legal duty to cut pollution rapidly.’

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The Guardian, 28th April 2016

Source: www.guardian.co.uk

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Brexit – what will happen to the UK’s environmental policy? – Cloisters

‘If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question.’

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Cloisters, 7th April 2016

Source: www.cloisters.com

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Regina (Harris and another) v Broads Authority – WLR Daily

Posted April 20th, 2016 in environmental protection, judicial review, news, parks by sally

‘The Broads comprised over 300 square kilometres of wetland landscapes in east Norfolk and Suffolk. The Broads Authority (“the authority”) was constituted under the Norfolk and Suffolk Broads Act 1988 and had a general duty to manage the Broads. The authority was also the local planning authority for the area and a harbour and navigation authority. However, the Broads was not a National Park designated under the National Parks and Access to the Countryside Act 1949, nor was the authority a National Park Authority under that statute. In January 2015 the authority passed a resolution by which it decided that the brand “Broads National Park” be adopted for marketing related purposes. The claimant sought judicial review of that decision on the ground, inter alia, that unless it conformed to the “Sandiford principle” it should not hold itself out as a National Park. That principle, set out in para 2.15 of the Report of the National Park Policies Review Committee 1974, stated that the preservation and enhancement of natural beauty should take precedence to the promotion of public enjoyment. An issue arose as to whether a public body which in law was not a National Park, could represent itself (and allow itself to be represented) as a National Park and thereby to enjoy the benefits of National Park status despite the fact that the public body had decided to cease to seek to become a National Park, inter alia, because it did not wish to be subject to the legal duties imposed on National Parks and National Park Authorities.’

Regina (Harris and another) v Broads Authority [2016] EWHC 799 (Admin)

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

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Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer

‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’

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Local Government Lawyer, 18th April 2016

Source: www.localgovernmentlawyer.co.uk

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Information rights judgment reveals Charles’ views on the Queen – Panopticon

‘The Royal Family has been the subject of a good deal of information rights litigation. The most famous is of course the Evans saga, about the ‘advocacy correspondence’ of Prince Charles. There have also been cases about (to name just a few subjects) the cost of police protection for the Royal Family, whether or not the Duchy of Lancaster is a public authority, royal wills and alleged heirs to the throne, as well as – most recently – whether the Duke or Duchy of Cornwall is a public authority for the purposes of the Environmental Information Regulations (EIRs). The most recent judgment focuses on Her Majesty the Queen herself, and reveals the views of Charles (J).’

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Panopticon, 7th April 2016

Source: www.panopticonblog.com

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The Duke and Duchy of Cornwall and the EIRs – Panopticon

‘The Duchy of Cornwall was established by Edward III in 1337 for his son. There is a landed estate (the Duchy) and a title (the Duke). Edward III was no doubt unconcerned about any legal duties that may attach to the Duchy; he had bigger fish to fry. In the 21st century, however, at least one knotty question of legal duty has surfaced.’

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Panopticon, 5th April 2016

Source: www.panopticonblog.com

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Prince of Wales’ Duchy of Cornwall wins oyster farm scrutiny appeal – BBC News

‘The Prince of Wales’s private estate has won an appeal against a ruling that would have forced it to open up its dealings to greater public scrutiny.’

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BBC News, 4th April 2016

Source: www.bbc.co.uk

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Bromley London Borough Council v Secretary of State for Communities and Local Government and another – WLR Daily

Bromley London Borough Council v Secretary of State for Communities and Local Government and another [2016] EWHC 595 (Admin)

‘A developer sought planning permission for a development on Green Belt land comprising nine residential houses and a barn and associated dwellings for a livery business. The proposal involved redevelopment of previously developed land at a livery, the business of which was partly retained. The local planning authority refused planning permission. On the developer’s appeal, an inspector appointed by the Secretary of State considered that the proposal comprising new buildings was appropriate development and concluded that, applying the requirements of the sixth exception in para 89 of the National Planning Policy Framework (“NPPF”), the new buildings would not impact adversely either on the openness of the Green Belt or the purposes for designation of the Green Belt. He accordingly allowed the developer’s appeal. The local planning authority applied under section 288 of the Town and Country Planning Act 1990 to quash the inspector’s decision, contending, inter alia, that para 89, which listed six exceptions to the general policy that new buildings were inappropriate development in the Green Belt, should be interpreted to mean that development which was not only operational development for new buildings but also involved a material change in use for those buildings did not fall within the categories of appropriate development, and that therefore the inspector had erred in law in treating the proposal as appropriate development, since the construction of the new houses also involved a material change of use to residential or mixed residential and equestrian use.’

WLR Daily, 15th February 2016

Source: www.iclr.co.uk

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Campaign to save Sheffield’s trees reaches High Court – The Independent

Posted March 23rd, 2016 in environmental protection, injunctions, local government, news, roads, trees by tracey

‘A bitter dispute between campaigners and councillors over a controversial programme to cut down thousands of trees has continued at a hearing at the High Court in London.’

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The Independent, 22nd March 2016

Source: www.independent.co.uk

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Implications of the United Kingdom Leaving the European Union on Climate Change and Energy Law – Six Pump Court

Posted March 15th, 2016 in EC law, energy, environmental protection, news by sally

‘In a paper on behalf of the Climate Change and Energy Working Party, UK Environmental Law Association (UKELA), Stephen Hockman QC and Benjamin Haseldine chart the possible implications of the United Kingdom exiting the European Union on climate change and energy law.’

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Six Pump Court, 7th March 2016

Source: www.6pumpcourt.co.uk

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Planning, Environment & Property Newsletter – 39 Essex Chambers

Posted March 15th, 2016 in contamination, energy, environmental protection, news, planning, pollution by sally

Planning, Environment & Property Newsletter (PDF)

39 Essex Chambers, February 2016+

Source: www.39essex.com

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District council wins Planning Court appeal over permission for 103-dwelling scheme – Local Government Lawyer

Posted February 19th, 2016 in environmental protection, local government, news, planning by sally

‘A district council has won a Planning Court appeal after an inspector granted outline permission for a 103-dwelling development.’

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Local Government Lawyer, 18th February 2016

Source: www.localgovernmentlawyer.co.uk

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Jailing Heathrow 13 poses ‘massive threat’ to peaceful protest rights – The Guardian

Posted February 12th, 2016 in demonstrations, environmental protection, news, sentencing, trespass by sally

‘Jailing the 13 activists who last year chained themselves on Heathrow’s northern runway in protest at the airport’s expansion would represent a “massive threat” to the right to peaceful protest in the UK, according to John McDonnell and Caroline Lucas.’

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The Guardian, 12th February 2016

Source: www.guardian.co.uk

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Heathrow 13: Jailing peaceful protesters would be ‘unprecedented’ attack on dissent, judge told – The Independent

‘A judge has been urged not to act on her threat to jail 13 peaceful environmental protesters – as campaigners warn that the British legal system’s long-standing tolerance towards non-violent direct action is under threat.’

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The Independent, 2nd February 2016

Source: www.independent.co.uk

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