Environmental and Planning Newsletter – Thirty Nine Essex Street
Environmental and Planning Newsletter (PDF)
Thirty Nine Essex Street, July 2012
Source: www.39essex.com
Category: environmental protection
Badger cull ruled legal – The Guardian
“The government’s controversial plan to allow the killing of thousands of badgers has been ruled legal by a high court judge. The Badger Trust had argued that neither science nor the law justified the cull.”
The Guardian, 12th July 2012
Source: www.guardian.co.uk
Badger cull ruling due in high court – The Guardian
“The high court will rule on Thursday on whether farmers and landowners can legally cull thousands of badgers to tackle tuberculosis in cattle.”
The Guardian, 12th July 2012
Source: www.guardian.co.uk
‘Human right to benefits’ could be included in law reform – Daily Telegraph
“Every Briton could have a guaranteed entitlement to welfare benefits in a ‘far-reaching’ expansion of human rights proposed by the body that was intended by David Cameron to rein in the law.”
Daily Telegraph, 11th July 2012
Source: www.telegraph.co.uk
Two Articles on Local Government Law – 11 KBW
Local Government Law Update: 27 June (PDF)
Local Government Law Update: 28 June (PDF)
11 KBW, June 2012
Source: www.11kbw.com
High Court quashes decision to designate developer’s land as high risk flood zone – OUT-LAW.com
“The High Court has overturned a decision by the Environment Agency to designate land along a 36 mile stretch of the Manchester Ship Canal as a high risk flood zone.”
OUT-LAW.com, 21st June 2012
Source: www.out-law.com
Potential removal of magistrate fine caps could have “significant” impact on environmental offenders – OUT-LAW.com
“The Government’s new powers to remove the cap on the level of fines that can be issued by magistrates’ courts in England and Wales could lead to ‘very significant’ future penalties for environmental offences, an expert has warned.”
OUT-LAW.com, 14th June 2012
Source: www.out-law.com
Laying down the law on nanotechnology – The Guardian
“Regulating nanotechnology is fraught with difficulties. Current environmental law simply doesn’t apply on the nano-scale.”
The Guardian, 11th June 2012
Source: www.guardian.co.uk
The air that we breathe: NGO’s appeal dismissed – UK Human Rights Blog
“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”
UK Human Rights Blog, 5th June 2012
Source: www.ukhumanrightsblog.com
High Court quashes Council’s Shepherd’s Bush Supplementary Planning Document – OUT-LAW.com
“A High Court Judge has quashed a London borough council’s adoption of a Supplementary Planning Document.”
OUT-LAW.com, 28th May 2012
Source: www.out-law.com
Forest of Dean faces Judicial Review of its Core Strategy – OUT-LAW.com
“Campaign group Friends of the Earth (FoE) has applied to the High Court to launch a legal challenge against the Forest of Dean District Council’s Core Strategy (CS) and Cinderford area action plan (AAP), which was adopted by the Council in February.”
OUT-LAW.com, 26th April 2012
Source: www.out-law.com
Local’s legal challenge to save badgers dismissed – OUT-LAW.com
“An environmental campaigner’s legal challenge to a housing development has failed.”
OUT-LAW.com, 17th April 2012
Source: www.out-law.com
Water part of contamination land definition is changed – OUT-LAW.com
“The statutory contaminated land regime has changed, with the principal change being to the definition of contaminated land. The changes took effect on 6 April.”
OUT-LAW.com, 11th April 2012
Source: www.out-law.com
Legal fight over high-speed rail – BBC News
“Campaigners against the HS2 rail scheme have confirmed they will make two court bids to halt the £33bn project.”
BBC News, 3rd April 2012
Source: www.bbc.co.uk
Haringey London Borough Council v Mountplace Ltd – WLR Daily
Haringey London Borough Council v Mountplace Ltd: [2012] EWHC 698 (Admin); [2012] WLR (D) 100
“The duty of care imposed on a producer of waste (or anyone else who fell within one of the different categories of waste holder) by section 34(1)(c) of the Environmental Protection Act 1990 was a duty to secure the results set out in the subsection which fell to complied with on the occasion of a given transfer of waste, and the question as to what were the reasonable measures applicable to him ‘in that capacity’ to secure those results fell to be answered by reference to his capacity on that occasion in the circumstances prevailing at that time. However, that did not mean that a waste holder could not comply with that duty on the occasion of the transfer by having reference to measures he had already taken on days prior to that occasion in anticipation of that occasion, nor did it preclude the court from considering such measures, or the absence thereof, in determining whether the duty had been complied with.”
WLR Daily, 28th March 2012
Source: www.iclr.co.uk
Cornish waste incinerator case reversed- expectation not legitimate after all – UK Human Rights Blog
“The CA has just held that Collins J was wrong to hold (per my previous post) that the local NGO had a legitimate expectation that the Secretary of State would decide an air pollution issue, rather than leave it to the Environment Agency. In a nutshell, the Inspector (and hence the Secretary of State) was entitled to change his mind on this issue. So the expectation crumbled, and so did this judicial review to quash a decision to allow a waste incinerator to proceed.”
UK Human Rights Blog, 30th March 2012
Source: www.ukhumanrightsblog.com
Planning laws signal end of road for out-of-town shopping centres – The Guardian
“Planning minister Greg Clarke has said there should be a presumption against the building of more out-of-town shopping centres, and insisted the green belt would continue to be protected, as he announced the biggest shakeup of the planning system for more than half a century.”
The Guardian, 27th March 2012
Source: www.guardian.co.uk
The Duty to Co-Operate and other Conundrums – No. 5 Chambers
“In this paper we propose to deal with a miscellany of current conundrums associated with important changes in the law in relation to planning and environmental legislation. The issues to be addressed are, firstly, the vexed question of the proper approach to the duty to co-operate in the context of local development documents that are already progressing through the system. The paper also addresses recent developments and current initiatives in relation to the funding of environmental litigation so as to address the question of compliance with the Aarhus Convention and the legislative follow-up to Jackson LJ’s proposals in respect of costs. Finally, there is discussion in relation to the Community Infrastructure Levy Regulations 2010 and the approach taken in the Court of Appeal recently.”
Full story (PDF)
No. 5 Chambers, 19th March 2012
Source: www.no5.com
Environmental and planning law newsletter – Thirty Nine Essex Street
Environmental and planning law newsletter (PDF)
Thirty Nine Essex Street, March 2012
Source: www.39essex.com
