header-logo header-logo

Environmental matters

20 January 2009 / Stephen Hockman
Categories: Features , Public , Environment
printer mail-detail

An overview of recent developments in environmental law, by Stephen Hockman QC

There are further encouraging signs of the courts’ willingness to recognise the importance of environmental concerns.

In R (on the application of Finn- Kelcey) v Milton Keynes Borough Council 2008 EWCA Civ 1067, [2008] All ER (D) 94 (Oct) a planning permission had been granted for a windfarm in Buckinghamshire comprising seven wind turbines.

The  background to this was PPS22 on renewable energy, which stresses the importance of renewable energy projects in the context of the UK target of generating 10% of electricity from renewable energy sources by 2010.

On an application for permission for judicial review to challenge the planning permission, in a claim initiated just within the three-month period, permission was refused on the grounds of delay as well as lack of substantive merit.

The Administrative Court held that the claim had not been made promptly, contrary to CPR Pt 54.5(1).

The Court of Appeal upheld the decision at fi rst instance, considering that in the context of renewable energy, where there is a policy target which is a particular consideration

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll