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
Category: environmental protection
The evolved mind: rising to the environmental challenge – UK Human Rights Blog
“In my 2011 post Why be nice? Human rights under pressure I explored the extent to which our limited tendencies to altruism, insofar as they have survived natural selection, could be institutionalised and enforced. In this article I apply the scientific learning on our cooperative instincts to the question of environmental regulation. I argue that whilst we seem to be hard-wired to cooperate, environmental responsibility will only be instilled under certain conditions that resonate with our evolved psychology, and that most modern environmental law fails to acknowledge these conditions.”
UK Human Rights Blog, 20th March 2012
Source: www.ukhumanrightsblog.com
Wind and peat: another step along the reasons trail – UK Human Rights Blog
“Welsh Ministers v. RWE Npower Renewables Ltd [2012] EWCA Civ 311, reversing RWE Npower Renewables v. Welsh Ministers & Swansea Council [2011] EWHC 1778 (Admin). In my previous post on this case, I summarised the judge’s findings as to why this Planning Inspector had gone wrong at the wind farm inquiry. The Inspector turned down the appeal because the positioning of individual turbines might lead to damage to deep deposits of peat found on this site. The judge, Beatson J, thought the inspector had not explained his reasons for his conclusions in sufficiently clear a form. Nor did the Inspector give the wind farm developer an opportunity to deal with his concerns. So said the judge. But the Court of Appeal disagreed – showing how it is not easy to ‘call’ the merits of these reasons challenges.”
UK Human Rights Blog, 15th March 2012
Local planning authorities’ acceptance of cheques in place of green space undertakings is contrary to guidance says judge – OUT-LAW.com
“It is ‘extremely surprising’ that some local authorities accept cheques from developers making planning applications to compensate for the effect of a development on green space, according to a report of the ruling.”
OUT-LAW.com, 2nd March 2012
Source: www.out-law.com
Flachglas Torgau GmbH v Federal Republic of Germany – WLR Daily
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09); [2012] WLR (D) 45
“The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be applied to ministries to the extent that they participated in the legislative process, in particular by tabling draft laws or giving opinions.”
WLR Daily, 14th February 2012
Source: www.iclr.co.uk
Norfolk urbanisation protesters win High Court battle – BBC News
“Campaigners fighting town and city expansion in Norfolk have won a High Court battle with council planners. The group Snub (Stop Norwich Urbanisation), took action against Broadland District, South Norfolk District and Norwich City councils. The judge ruled that plans for 33,000 properties and the new Norwich northern distributor road had not been properly assessed.”
BBC News, 24th February 2012
Source: www.bbc.co.uk
Does a risk of an explosion engage Article 8? – UK Human Rights Blog
“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”
UK Human Rights Blog, 15th February 2012
Source: www.ukhumanrightsblog.com
List of specialist regulatory advocates in health and safety and environmental law and appointment of Standing Counsel (Unified List) – The Bar Council
“In November, it was announced that the Attorney General had agreed that the Unified List in its current form should draw to a close and that new arrangements would be taken forward by individual departments rather than under the auspices of the Attorney General’s office. On 31 March 2012 the Attorney General’s Unified List of Prosecuting Advocates will come to an end. The Health and Safety Executive, Environment Agency and Office of Rail Regulation wish to appoint a list of advocates to conduct their higher court prosecution work and other regulatory advocacy. HSE and ORR also each wish to appoint two Standing Counsel.”
The Bar Council, 8th February 2012
Source: www.barcouncil.org.uk
Small solar: Court of Appeal confirms that changes were unlawful – UK Human Rights Blog
“So, after an anxious wait for the affected businesses, the Court of Appeal has confirmed today that the Minister was too hasty in the way he went about modifying the scheme for subsidising small solar power schemes.”
UK Human Rights Blog, 25th January 2012
Source: www.ukhumanrightsblog.com
New enforcement powers for Natural England now in force – OUT-LAW.com
“Natural England said its new ‘civil’ sanctioning powers would enable it to stop illegal activities; order the restoration of environmental damage, and accept voluntary enforcement undertakings from offenders. Previously the body could only issue warning letters or proceed to full criminal prosecution.”
OUT-LAW.com, 6th January 2012
Source: www.out-law.com
Court blow to solar power subsidy cut – The Independent
“Government plans to slash solar power subsidies were dealt a blow yesterday, after a High Court judge ordered an urgent hearing into the move. Mr Justice Mitting ordered a judicial review to be held next week into the Government’s decision to halve so-called feed-in-tariff solar power subsidies after hearing an application by Friends of the Earth.”
The Independent, 16th December 2011
Source: www.independent.co.uk
Waste crime crackdown launched by Environment Agency – BBC News
“A taskforce has been set up by the Environment Agency (EA) to crack down on illegal waste sites in England and Wales.”
BBC News, 8th December 2011
Source: www.bbc.co.uk
Prince Charles to challenge ruling set to lift secrecy about his estate – The Guardian
“Prince Charles is to challenge a judicial ruling that threatens to expose the environmental impact of the private estate that provides his £17m-a-year income.”
The Guardian, 28th November 2011
Source: www.guardian.co.uk
Regina v St Regis Paper Company Ltd – WLR daily
Regina v St Regis Paper Company Ltd; [2011] EWCA Crim 2527; [2011] WLR (D) 317
“Criminal liability could not be imposed on a company for intentionally making a false entry to an environmental control record contrary to regulation 32(1)(g) of the Pollution Prevention and Control (England and Wales) Regulations 2000, by virtue of the intentions of the employee who committed the offence, if he was not the directing mind and will of the company.”
WLR Daily, 4th November 2011
Source: www.iclr.co.uk
Landmark ruling lifts ‘veil of secrecy’ from Prince of Wales’s Duchy of Cornwall estate – Daily Telegraph
“The 700-year-old ‘veil of secrecy’ covering the workings of the Prince of Wales’s Duchy of Cornwall estate will be partially lifted after a landmark legal ruling that could open up the Royal family to far greater public scrutiny.”
Daily Telegraph, 3rd November 2011
Source: www.telegraph.co.uk
Mock ‘ecocide’ trial – video – The Guardian
“Top lawyers put fossil fuel bosses on trial in the UK’s supreme court to explore whether environmental destruction could be considered an international crime.”
The Guardian, 5th October 2011
Source: www.guardian.co.uk
Minister promises amendments to radical planning framework – The Guardian
“The planning minister, Greg Clark, has pledged to make changes to the government’s proposals to radically overhaul England’s planning system after running into opposition from campaigners.”
The Guardian, 22nd September 2011
Source: www.guardian.co.uk
Shooting company fined over damage to Farndale – BBC News
“A field sports company has been fined £40,000 after damaging part of the North York Moors National Park.”
BBC News, 9th September 2011
Source: www.bbc.co.uk
Environmental regulations come under spotlight in ‘red tape challenge’ – The Guardian
“The government is seeking advice from the public on which pieces of regulation could be made more transparent.”
The Guardian, 2nd September 2011
Source: www.guardian.co.uk
Who, What, Why: Is it legal to eat wild birds? – BBC News
“A pub has stopped selling wild bird on its menu – in the form of rook salad – on police advice. So what is the legality of such dishes?”
BBC News, 23rd August 2011
Source: www.bbc.co.uk
