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Byass A.,Landmark Chambers | Plenderleith C.,Leith Planning Ltd.
Journal of Planning and Environment Law | Year: 2015

The Local Government (Access to Information) Act 1985 , which came into being on April 1, 1986, is described. There is no requirement for a planning register to include consultation responses, notwithstanding the practice of many local planning authorities to include such responses within their planning registers. The documents that must be made available are copies of the agenda for the meeting, and any report for the meeting, and the background papers included in the list of such papers. It can be seen from the extent of the legal requirements set out above that a planning authority is not acting contrary to any statutory or regulatory requirements in respect of its practice to not automatically disclose consultation responses in advance of Committee meetings.


Elvin D.,Landmark Chambers
Environmental Law and Management | Year: 2012

The system covers applications for major energy generation, railways, ports, major roads, airports, plus water and hazardous waste infrastructure. Under the PA 2008, applications for development consent for a NSIP were determined by the IPC. There had been considerable criticism from developers of the PA 2008 and the IPC. In particular, it was argued that the process was front-loaded with burdensome pre-application consultation and formal requirements for an application to be accepted. Section 128 and Schedule 13 of the LA 2011 provide for the abolition of the IPC; it was duly abolished on 31 March 2012 and its functions were transferred to a new National Infrastructure Directorate that has been created within a restructured Planning Inspectorate. From April 2012, the relevant Secretary of State has been the decision-maker on all national infrastructure applications for development consent.


Maurici J.,Landmark Chambers
Environmental Law and Management | Year: 2011

A number of complaints to the Aarhus Compliance Committee have been brought raising the issue of prohibitive costs in the United Kingdom. The key one related to an alleged failure to provide access to justice to challenge a government license issued to the Port of Tyne allowing for the disposal and protective capping of highly contaminated port dredge materials at an existing marine disposal site. The Committee concludes that despite the various measures available to address prohibitive costs, taken together they do not ensure that the costs remain at a level which meets the requirements under the Convention. There is consequently much to gain from challenging the imposition of a civil penalty, especially in light of the wide powers of the Tribunal pursuant to Regulation 10(6) of the ECS Order 2010. The Environment Tribunal has not yet heard any cases, but, going forward, it appears that it could have a substantial workload.


Maurici J.,Landmark Chambers
Journal of Water Law | Year: 2010

Marine Management Organization (MMO) plays an important role in the areas involving licensing and marine works, marine planning, enforcement, and conservation. The power to issue licenses is one area which could be expected to be vulnerable to judicial review. The paucity of challenges to the granting of licenses under FEPA is the more striking considering that, unlike under the 2009 Act, FEPA does not provide an independent mechanism to appeal licensing decisions. The MMO may also be vulnerable to judicial review proceedings in relation to decisions taken by it which are affected by marine policy documents. The seizure of a vessel and the demand for a bond to be paid for the return of fish, gear or vessels which have been detained are the most draconian of the MMO's enforcement powers under the 2009 Act given the resulting financial consequences.


Lamont C.,Landmark Chambers
Environmental Law and Management | Year: 2015

Camilla Lamont shares her perspective on water use and associated liability as a lawyer. She states that water can be both a blessing and curse depending on its use and exploitation. She understands from experience that when people suffer loss they tend to want to blame someone else for their sufferings and to be compensated accordingly. In terms of liability, the law has to determine the circumstances in which a person can be held responsible for the damage that water causes when it passes from the land under an individual's control to that of his neighbor.


Scott L.,Landmark Chambers
Journal of Water Law | Year: 2010

Scott Lyness reflects on the Marine and Coastal Access Act 2009 (UK) designed to create a more integrated approach to effective marine management and enable the sustainable use and protection of marine resources. The policy authorities are the Secretary of State, the Scottish ministers, the Welsh ministers and the Department of the Environment in Northern Ireland. The system should ensure healthy marine and coastal habitats across their natural range and resilient and adaptable marine ecosystems, along with the long-term abundance and retention of full reproductive capacity in the marine food web. The marine plan area boundaries have been the subject of a number of public consultations, the most recent of which ran from November 2009 to February 2010. The Planning Act 2008 procedures require the MMO to be consulted on proposed applications for development consent where the proposed development would affect or be likely to affect specified areas falling under its responsibility.


The article focuses on the lessons on planning reform from the Dobry Review of Development Control. George Dobry QC conducted his Review of the Development Control system in response to an editorial in The Times in October 1974 entitled 'Obstacles to House Building. The majority of the Dobry recommendations were in fact implemented either at the time or subsequently in legislation or policy guidance. One of the main targets of the Dobry reforms was the enforcement of planning control. The Local Government and Planning (Amendment) Act 1981 largely implemented the remaining recommendations, by inserting into the 1971 Act amended sections on enforcement notices and appeals, including provision for the Secretary of State to make regulations governing notices and appeals procedures. Dobry proposed that the presumption should be in favour of an up-to-date development plan, in order to give primacy to the plan within the wider system of control.


Maurici J.,Landmark Chambers | Moules R.,Landmark Chambers
Journal of Planning and Environment Law | Year: 2014

The article examines the impact of the Aarhus Convention on the case-law of the Court of Justice of the European Court (CJEU) and the General Court. The CJEU went on to apply a functional test and held that Ministries of central government could be excluded from the definition of 'public authority' to the extent that they participate in the legislative process. The Ville de Lyon contended that the information was useful to it for comparative purposes for the renegotiation of an agreement delegating a public service in respect of urban heating at a site in Lyon. The request was refused and although the French Committee on Access to Administrative Documents issued an opinion in favour of disclosure, the Caisse reiterated its refusal. The approach of the CJEU and of the Advocate General are in stark contrast to each other. The Advocate General started by examining whether the information requested was capable of amounting to environmental information and then deciding whether there was anything to justify not applying Directive 2003/4.


Nathalie Lieven Q.C.,Landmark Chambers
Environmental Law and Management | Year: 2010

Nathalie Lieven QC from Landmark Chambers, London seeks to identify the main areas of development concerning climate change over the past 18 months and to highlight those matters most likely to cause concern to developers and decision-makers alike. There have been two important developments concerning the directive itself. The first, R (Baker) v Bath & North East Somerset Council (2009) Env LR 27 has called into question whether the EIA Directive has been properly implemented by Schedule 2 of the EIA Regulations. In the second, Ardagh Glass Ltd v Chester City Council (2010) EWCA Civ 172, the Court of Appeal has had to consider whether planning permission can be granted retrospectively for an EIA development. The case concerned a glass works constructed by Quinn Glass Ltd at Elton, near Chester, without the requisite planning permission and other consents.


Maurici J.,Landmark Chambers
Journal of Planning and Environment Law | Year: 2010

James Maurici focuses on the consent orders in ss.288 and 289 proceedings in a court case involving multi-party disputes. Section 288 of the TCPA 1990 prescribes the only means whereby the validity of the orders mentioned in s.284(2), and the action taken by the Secretary of State defined in s.284(3), may be challenged. The position in respect of s.288 proceedings is that where a decision of the Secretary of State or his Inspector under the TCPA 1990 is quashed whether by consent or otherwise on remittal the decision-maker must start again de novo with an entirely clean sheet. Sometimes the claimant and the Secretary of State are readily able to agree the terms of the consent order and another party to the proceedings does not sign up to the consent order but instead seeks to defend the decision and the proceedings in place of the Secretary of State.

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