Twitter

Environment Rights & Planning Law

Leave granted in gold mining judicial review

The High Court has granted permission for a judicial review to examine potential flaws in a pre-application consultation carried out by a gold mining company.

Permission for the case, against Northern Ireland’s Department of Infrastructure, was granted on the basis that the Department had failed to have regard to material considerations, including flaws in the pre-application community consultation process. 

Tags
Environment Rights & Planning Law

Court rules environmental legal costs must be changed in England and Wales

RSPB, Friends of the Earth & ClientEarth v. Secretary of State for Justice [2017] EWHC 2309 (Admin)

 

Three non-governmental organisations (NGOs) have largely succeeded in a judicial review application against the UK government over variations to the rules capping costs in environmental cases.

 

Tags
Environment Rights & Planning Law

Legal challenge to fracking begins

A dairy farmer from Lancashire, with support from Greenpeace, has initiated legal proceedings against the practice of fracking in England. Greenpeace claims that landowners have a legal right to veto fracking from taking place underneath their land and property.

The dairy farmer, Andrew Pemberton, supplies milk to 3,000 households in Lancashire. He has said that he will lose his livelihood if the local water becomes contaminated as a result of fracking.

Tags
Environment Rights & Planning Law

English High Court quashes decision of a Local Authority to build a luxury golf resort

This case has been referred to as a prime example of the importance of judicial review in holding public bodies to account.

The case related to a decision of a Council to provide planning permission for a luxury golf resort in Surrey. Planning was granted despite the recommendation of the local planning authority not to grant permission.

Tags
Environment Rights & Planning Law

High Court Judge Intends To Quash Decision To Continue A5 Project

A High Court judge has confirmed he is minded to quash the decision of a new £330 million dual carriageway project over a failure to carry out an appropriate assessment of the impact of the A5 scheme on special areas of conservation around two rivers.  Work on the 85km of dual carriageway which is to form part of a key cross-border business route linking Dublin and the North West, has been put on hold due to the legal challenge by eighteen farmers, business-men and landowners who joined together under the Alternative A5 Alliance grouping.  Lawyers for the alliance claimed it has now become

Tags
Environment Rights & Planning Law