header-logo header-logo

26 September 2014
Issue: 7623 / Categories: Case law , Law digest , In Court
printer mail-detail

Town & country planning

R (on the application of An Taisce (The National Trust for Ireland)) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111, [2014] All ER (D) 107 (Aug)

The claimant issued judicial review proceedings, contending that the Secretary of State had failed to consult the public of the Republic of Ireland in accordance with Art 7 of Directive (EU) 2011/92 in granting development consent for the construction of a European pressurised reactor nuclear power station.

The Court of Appeal, Civil Division, in dismissing the application, held that the test was not whether the project was "likely to have significant effects on the environment" applying to Council Directive (EEC) 92/43, but the "real risk"  test adopted in domestic authorities. It further refused to make a reference to the Court of Justice of the European Union.

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll