Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog

“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”

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UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

Exclusive: UN ruling puts future of UK wind farms in jeopardy – The Independent

“Plans for future wind farms in Britain could be in jeopardy after a United Nations legal tribunal ruled that the UK Government acted illegally by denying the public decision-making powers over their approval and the ‘necessary information’ over their benefits or adverse effects.”

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The Independent, 27th August 2013

Source: www.independent.co.uk

Landmark planning judgment holes golf course plan – Law Society’s Gazette

“Green-belt campaigners have successfully challenged a scheme to turn the former home of press baron Lord Beaverbrook into a hotel and golf course, with a judgment that ‘engages the fundamentals of planning law’.”

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Law Society’s Gazette, 22nd August 2013

Surce: www.lawgazette.co.uk

Judge blocks attempts to open luxury golf course on Green Belt land in Surrey – The Independent

Posted August 23rd, 2013 in environmental protection, hotels, news, planning, sport by sally

“A High Court judge has quashed planning permission for a golf course that had been marked for an ecologically sensitive Green Belt location despite there already being nearly 200 courses within 20 miles of the site.”

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The Independent, 22nd August 2013

Source: www.independent.co.uk

Court proceedings might not be the best way to deal with fracking protests, says expert – OUT-LAW.com

Posted August 21st, 2013 in climate change, demonstrations, energy, environmental protection, fracking, news by sally

“Taking court action to remove protestors from the Sussex site where energy firm Cuadrilla is carrying out exploratory drilling linked to shale gas deposits in the area may not be the most effective course of action, an expert has said.”

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OUT-LAW.com, 20th August 2013

Source: www.out-law.com

New guidance shows ‘tangled web’ of approvals needed for fracking projects, says expert – OUT-LAW.com

Posted August 8th, 2013 in consent, consultations, energy, environmental protection, fracking, news by sally

“Energy companies will need to negotiate a ‘tangled web; of regulatory approvals just to carry out exploratory ‘fracking’, an expert has said.”

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OUT-LAW.com, 7th August 2013

Source: www.out-law.com

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) v Same; Regina (Heathrow Hub Ltd and another) v Same [2013] EWCA Civ 920; [2013] WLR (D) 308

“The Government’s proposed strategy for the promotion, construction and operation of a new high speed rail network, as set out in a command paper and followed after consultation by an announcement of decisions and next steps, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) so as to necessitate an environmental assessment within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Wind farm ban ruled out by ministers – Daily Telegraph

Posted July 30th, 2013 in energy, environmental protection, housing, news, planning by sally

“Councils must not impose blanket bans on wind farms being built near houses, ministers have ruled, weeks after promising to stop the spread of unwanted turbines across the country.”

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Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Expert highlights “worrying approach” in Justice Committee’s report on sentencing of environmental offenders – OUT-LAW.com

Posted July 26th, 2013 in environmental protection, news, reports, select committees, sentencing by sally

“It is ‘worrying’ that a Justice Committee report suggests treating companies whose actions risk harm to the environment in the same way as those who cause actual harm, an expert has said.”

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OUT-LAW.com, 25th July 2013

Source: www.out-law.com

HS2 challenges fail but powerful dissent – UK Human Rights Blog

Posted July 26th, 2013 in appeals, EC law, environmental protection, news, planning, railways by sally

“HS2 is the proposed high speed rail link to Birmingham and beyond. Its opponents sought to challenge the decision to promote it by way of a hybrid Bill in Parliament, saying that the process as a whole breached the various EU rules, including the need for Strategic Environmental Assessment under the Strategic Environmental Assessment Directive 2001/42/EC and the Environmental Impact Assessment Directive 2011/92/EU.”

Full story

UK Human Rights Blog, 26th July 2013

Source: www.ukhumanrightsblog.com

HS2 challenge rejected by Court of Appeal – BBC News

Posted July 24th, 2013 in appeals, environmental protection, local government, news, railways by tracey

“The latest legal challenge to the HS2 high-speed rail project has been rejected by the Court of Appeal.”

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BBC News, 24th July 2013

Source: www.bbc.co.uk

Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily

Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291

“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”

WLR Daily 18th July 2013

Source: www.iclr.co.uk

Pickles faces legal challenge over Tesco in ‘Portas Pilot’ Margate – Daily Telegraph

Posted June 21st, 2013 in environmental protection, judicial review, news, planning by tracey

“Communities minister Eric Pickles is facing a legal challenge over his decision
to allow Tesco to build a huge superstore in ‘Portas Pilot’ Margate.”

Full story

Daily Telegraph, 20th June 2013

Source: www.telegraph.co.uk

Infrastructure Cost Review highlights important new efficiency initiatives, says expert – OUT-LAW.com

Posted June 18th, 2013 in costs, environmental protection, news, railways, reports by sally

“A Government-backed efficiency report seeks to answer some of the criticisms of national infrastructure policy, while highlighting some important new initiatives, an expert has said.”

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OUT-LAW.com, 18th June 2013

Source: www.out-law.com

The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law – UK Human Rights Blog

“The Divisional Court has now dismissed the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Chagos marine park is lawful, High Court rules – BBC News

“A UK government decision to create a controversial marine park in the Indian Ocean has been upheld by the High Court.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Protesters launch appeal against HS2 High Court ruling – BBC News

“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”

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BBC News, 29th May 2013

Source: www.bbc.co.uk

Airport expansion on ‘vital’ nature reserve to be challenged in court – The Independent

Posted May 29th, 2013 in airports, environmental protection, inquiries, news, nuclear power, planning by sally

“Controversial plans for a major extension to an airport which sits next to one of Britain’s most important nature reserves – as well as a nuclear power station – are to be challenged in court, it was announced today.”

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The Independent, 28th May 2013

Source: www.independent.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk