This Blog is designed to be a forum for discussion and commentary on all matters relating to environmental law drawing on the expertise of our practitioners and our Academic Panel members.
17 May 2012
Energy Bill Announced in Queen’s Speech
Environmental issues were once again in the news last week as the Government’s legislative agenda was revealed in the Queen’s Speech on 9 May. The speech confirmed that the Government’s latest low-carbon energy proposals, contained in the Energy Bill, will be considered in this Parliament. The announcement that the Government “will propose reform of the electricity market to deliver secure, clean and affordable electricity and ensure prices are fair” dispelled fears that the Bill would be sidelined to make way for House of Lords reform.
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12 Mar 2012
Court of Appeal rules on promptness and summary reasons for the grant of planning permission
On 9th March 2012 the Court of Appeal allowed an appeal by Mr Macrae against the refusal of permission to apply for judicial review of a grant of planning permission by Herefordshire DC for a dwelling in the countryside (for Administrative Court judgment see R(Macrae) v Herefordshire DC [2011] EWHC 2810 (Admin)). The Court had to consider whether the application had been made promptly; and also whether the Council was in breach of its duty to give “summary reasons” for the grant. The application was lodged two days within the three month time limit. The skeleton lodged on behalf of Mr Macrae advanced an argument that the separate requirement that the application be made “promptly” breached the principle of legal certainty and was invalid, even in purely domestic cases not involving EU law. The Court however did not find it necessary to hear oral argument on the “interesting” arguments advanced in this connection, because, first, the application had been made promptly on a conventional approach to the issue; and, second, that it was illegitimate to consider what had happened at council meetings when considering the effect of a lack of summary reasons. The public should not be expected to undertake a paper chase. The Court did not quash the permission because the dwelling was now built and occupied by a young family; but did allow the appeal and grant declaratory relief. The judgment is an important re-affirmation of the principles to be applied in summary reasons cases.
Richard Drabble QC appeared for Mr Macrae (leading James Burton)
16 Feb 2012
New EIA Directive
The European Parliament and Council have published a new consolidated version of the Environmental Impact Assessment Directive 2011/92/EU of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification). This can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:026:0001:0021:EN:PDF
It was published in the OJ on 28 January 2012 and comes into force 20 days thereafter: see Article 15. It therefore comes into force this week. The Directive consolidates changes made to Directive 85/337/EEC by Directive 97/11/EC; Directive 2003/35/EC and Directive 2009/31/EC. Recital (1) says that it is “In the interests of clarity and rationality the said Directive should be codified”. For many of us it means getting used to new Article numbers. Thus:
• Article 1(5) on EIA via legislative processes is now Article 1(4);
• Article 15a on access to justice in Article 16.
13 Feb 2012
Natural England challenges traditional upland management
A current appeal by the Walshaw Moor Estate under s. 28E of the Wildlife and Countryside Act 1981 against a modification of consent for operations on a site at Walshaw Moor, West Yorkshire raises important questions about the survival of traditional management of upland habitats in the UK, especially those (such as this) which are managed for grouse.
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