Recent developments in planning and EIA case law
|
|
- Lizbeth Gilbert
- 5 years ago
- Views:
Transcription
1 William Orbinson QC LARTPI RTPI NI Planning Law Update 1 December 2016
2
3 Planning and judicial review Case summaries Format Headline summary Facts Grounds of Challenge Findings of the Court Comment Fully indexed, online version and online updates searchable Available now from Planning Online! 45 (includes 12 months access to online version and digital updates)
4 Key themes from cases in the last 2 years (or so) Promptness and delay a distinction between European and domestic grounds A robust approach to EIA and Habitats Directives The importance of decision-taker properly interpreting policy and understanding the relationship between policies A proper approach to PPS6 A fact-specific approach to Executive Committee approval
5 Promptness and delay a distinction between European and domestic grounds Promptly and in any event within 3 months, unless exceptional circumstances apply Diocese of Dromore Leave sought months after media screen beside Newry Cathedral approved and after erected, but no neighbour notification no EU grounds - permission quashed by consent Mooreland and Owenvarragh Residents Association 2014 Doyle 2014 Newry Chamber of Commerce and Trade 2015
6 Mooreland and Owenvarragh Residents Association 2014, Horner J Permission for GAA stadium at Casement Park Leave applied for just within the 3 month period - following Uniplex and Buglife that did not affect European grounds of challenge, but challenges relying on domestic grounds must be made promptly and there was a need for great expedition in planning cases There was an obvious difference between challenges brought by developers, and challenges brought by a residents group struggling to organise and raise funds The undue delay here was not satisfactorily explained, but the case involved issues of public importance and as a residents group the applicants should be given some latitude when deciding whether relief should be withheld because of their lack of promptitude quashed
7 Doyle 2014, Treacy J Permission for University of Ulster development at Frederick Street, Belfast Leave applied for precisely 3 months after the decision Applicant claimed that she did not know about the decision until 2 months afterwards Leave refused on the domestic grounds for lack of promptness, granted on the European grounds
8 Newry Chamber of Commerce and Trade 2015, Treacy J Permission for major, out-of-centre, retail-led development in Newry Leave applied for towards the end of the 3 month period, because of difficulties in obtaining disclosure from the Department Leave not challenged on the basis of lack of promptness Notice Party contended at the substantive hearing that the Applicant had been guilty of delay and that relief if any should be refused because of that delay and prejudice to the Notice Party Treacy J found no grounds of challenge had been sustained, but that there had been culpable delay and no satisfactory explanation for that delay
9 A robust approach to EIA and Habitats Directives River Faughan Anglers Ltd 2014 Mooreland and Owenvarragh Residents Association 2014 Newry Chamber of Commerce and Trade 2015
10 River Faughan Anglers Ltd 2014, Treacy J Permission to relocate settlement lagoons serving concrete works beside River Faughan SAC Applicant complaints no EIA, no robust Habitats Regulations appropriate assessment, conditions incompatible and did not protect the SAC, implementation would breach existing lagoons and pollute the SAC Held screening out EIA a properly informed judgment, sufficiently robust Habitats Regulations assessment, appropriate regard to ability of mitigation to avoid adverse effect on integrity of SAC, implementation point not addressed No appeal, but complaint to Aarhus that judicial review process prohibitively expensive
11 Mooreland and Owenvarragh Residents Association 2014, Horner J Permission for new GAA stadium at Casement Park Applicant complaints Assessment of likely traffic impacts grounded on foundation of uplift in capacity from the theoretical but unrealistic capacity of current stadium, failure to apply EIA assessment to additional uses (conference facilities, restaurant and bar facilities), unlawful postponement of assessment of mitigation in relation to asbestos Held grounding EIA on uplift in theoretical but unrealisable capacity of existing facility rather than on proposed capacity of new stadium was fundamentally flawed, no consideration of traffic effects of substantial additional uses (conference/concert/bar/restaurant facilities), postponement of assessment of asbestos mitigation a breach of EIA Regulations as public excluded from the debate on suitable mitigation measures Does the new, reduced application address all these issues?
12 Newry Chamber of Commerce and Trade 2015, Treacy J Permission for major out of centre retail-led development on the Newry River, leading to Carlingford Lough SAC Applicant complaints failure to consider in-combination effects on integrity of SAC of proposal with 3 other consented retail developments was in breach of Habitats Regulations, failure to assess cumulative effects in breach of EIA Regulations Ex post facto rationalisation/assessment by NIEA Held Habitats Regulations TOLS was adequate, EIA was adequate, JR applicants complaining of EIA breaches must have raised those points during the statutory consultation process
13
14 Friends of the Earth 2016, Maguire J Background unauthorised sand and gravel extraction in Lough Neagh Special Protection Area/Ramsar Site/ASSI since the 1930 s, Department issued an Enforcement Notice requiring cessation but no Stop Notice, Shaftesbury Estate and the Sand Traders appealed the Enforcement Notice and were compiling an Environmental Statement Challenge to failure to issue a Stop Notice preventing on-going extraction Order of Mandamus sought to compel issue of Stop Notice Applicant s principal complaints failure to follow a precautionary approach and hence breach of the EIA and Habitats Directives, failure to undertake proper EIA before granting de facto consent
15 Friends of the Earth 2016, Maguire J Held Nothing to show that the Minister had not considered the issue with care, nor reached a conclusion beyond the remit of his authority The touchstone of expediency provides to the Minister a wide discretion Onus on FOE to show that EU law required service of a Stop Notice FOE claim that by omitting to serve a Stop Notice the Department was in breach of the Directives was difficult to sustain unpersuaded that not serving a Stop Notice was equivalent to granting consent
16 Friends of the Earth 2016, Maguire J Held Notably, the notice parties did not appeal the EIA Determination [on the deemed planning application] the road the notice parties chose to take was one which involved compliance with the Directives whose processes attached to the appeal proceedings before the PAC. While the Minister/Department did not... put in place a Stop Notice, this option was considered and assessed... the sequence of events... does not foreshadow the conclusion that in fact what was occurring was that the Minister/Department by his decision not to serve a stop notice was in fact granting permission... At least part of the Minister s objective, instead, was to secure a situation in which steps were taken to ensure that the matter would have to be confronted by the notice parties and that the pre-consent assessments would indeed be carried out, consistently with the Directives Therefore, Maguire J followed the ruling of the English CA in Prokopp that failure to take enforcement action did not amount to a granting of consent for EIA, and by extension Habitats Directive, purposes
17 Friends of the Earth 2016, Maguire J Held the response of the Department/Minister is within the range of lawful responses available. This is not a case where the Minister/Department has been standing by and doing nothing. The service of an Enforcement Notice demonstrates as much but it does not follow from this that there is an inflexible requirement that the next step must be in the form of the issuance of a Stop Notice. Provided the Minister/Department give their mind to the issue and assess it carefully, paying due regard to the objectives of the Directives, as the court believes has been the case in this instance, there is no basis for the court intervening Like other courts before it, this court is un-attracted by the sweeping nature of the applicant s submissions. The applicant has elevated general principle to an inflexible code but general principles should not be treated as a straight-jacket from which there can be no relief... There can... be more than a single response available on the facts of a case like this
18 Friends of the Earth 2016, Maguire J Held Following Sullivan LJ in Ardagh Glass (CA), once it was accepted that retrospective permission for unauthorised development was permissible in principle, there was no substance in the further suggestion that the planning authority was bound to issue a Stop Notice and not merely an Enforcement Notice, which was sufficient to ensure removal either by the authority or in response to any appeal Just because the damage done could not unlike in Ardagh be undone was not enough to justify setting aside those general principles, nor did the precautionary principle require a Stop Notice to be issued the court has no reason to believe that the PAC will not be alert to it and indeed there is every sign that it is aware of it the PAC can be relied on to be vigilant about securing that the objectives of the Directives in this context are vindicated in a strict but proportionate manner
19 Importance of the decision-taker properly interpreting policy and understanding the relationship between policies DOE 2014 (PPS21 CTY11 and PPS3 AMP 10) Roberts 2015 (PPS 4 PED 9 and PED 2)
20 Department of the Environment 2014, Treacy J PAC grant of permission on enforcement appeal for land used as a commercial car park for users of Belfast International Airport, on the basis that it complied with Policy CTY11 of PPS21 and did not need to comply with any other policy Applicant complaints that approach was an error of law in that on a proper interpretation compliance with Policy CTY11 had to be weighed against other material considerations including non-compliance with Policy AMP10 of PPS3 and its need test Held policy interpretation was a matter of law for the Court, PPS21 was not self-contained but directed the decision-taker that its policies would prevail unless there are other overriding policy or material considerations that outweigh them such as Policy AMP10 of PPS3, PAC had not correctly identified the relevant policies and their inter-relationship and had not correctly interpreted and applied the relevant policies
21 Roberts 2015, O Hara J Permission for Cats Protection League headquarters beside residential property Applicant complaints the Department had misinterpreted policy and cherry-picked policies favouring approval Held the Department had overlooked the introductory paragraph of Policy PED9 of PPS4 which requires proposals to meet the criteria to which the Departmental officer had referred but to do so in addition to the other policy provisions of this statement, Policy PED2 had to be considered to the extent that it required exceptional circumstances before a planning proposal could be permitted beyond those specifically identified, but it was not considered
22 Proper approach to PPS6: Ulster Architectural Heritage Society 2014 Permission to demolish the Athletic Stores, an unlisted Victorian warehouse in the Belfast City Centre Conservation Area, and to replace it with residential/retail development Applicant s complaints the decision was in breach of PPS6 and the Department had not made sufficient inquiry into whether genuine efforts had been made to retain the building Held From the paper trail leading up to the decision, the Department had not had proper regard to the presumption in favour of retention, which was a very material consideration one which had to be given its full presumptive weight [70], although Against this presumption, it must weigh all other material considerations. The Department enjoys discretion as to the weight to be given to these other considerations [67] Appears to be really just an example of failure to have regard to a material consideration
23 Fact-specific approach to Executive Committee approval Section 20 of the NI Act 1998 requires decisions to be referred to and agreed by the Executive Committee if they cut across responsibilities of more than one Minister, or if they are significant and/or controversial and clearly outside the scope of the Programme for Government, or if they are determined by the First Minister and Deputy First Minister to be significant and/or controversial and to be agreed by the Committee Newry Chamber of Commerce and Trade 2015 Minister of Enterprise Trade and Investment 2016
24 Newry Chamber of Commerce and Trade 2015, Treacy J Applicant complained that the Environment Minister had not referred the application to the Executive Committee for discussion and agreement, as being significant and/or controversial Held the application was not (so?) significant or controversial such that it required referral to the Executive Committee, in any event it was not clearly outside the agreed programme for government referred to in para 20 of Strand One of the Belfast Agreement, having job creation potential Does this mean that any planning proposal having job creation potential cannot possibly require to be referred to the Executive Committee, even if it is significant and/or controversial?
25 Minister of Enterprise Trade and Investment 2016, Treacy J Applicant complained that the Environment Minister had not referred the adoption of BMAP to the Executive Committee for discussion and agreement, as (a) cutting across other Ministers responsibilities, (b) significant and/or controversial and outside the scope of the Programme for Government (c) determined by First Minister and Deputy First Minister to be significant or controversial and to be agreed by the Committee and (d) therefore by Section 28A(10) of the NI Act 1998 the Minister had acted unilaterally and without Ministerial authority Held Treacy J agreed ( a Minister has no power to take a decision in violation of the Ministerial Code relating to the obligation to bring to the attention of the Executive Committee any matter that requires to be considered by it for discussion and agreement by reason of being cross-cutting, significant or controversial ), considering that BMAP a policy dealing with economic and social activity throughout a large part of NI, engages the responsibility of various Ministers in not dissimilar ways
26
27 Conclusions Judicial review - a vibrant field of law and practice Increasingly complex Expanding as the economy expands and the development industry begins to thrive again Broad consistency of decisions and themes
28 Contact details M T E williamorbinson@planning.demon.co.uk W Legal Associate of the Royal Town Planning Institute Affiliate of the Irish Planning Institute NI Associate of PEBA: The Specialist Bar Association for Planning, the Environment and Local Government Associate Member of the Irish Wind Energy Association/Northern Ireland Renewables Industry Group Affiliate of the Quarry Products Association Northern Ireland
JUDGMENT. In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland)
Hilary Term [2019] UKSC 9 On appeal from: [2015] NICA 66 JUDGMENT In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland) before Lady Hale, President Lord Reed, Deputy President
More informationPLANNING APPEALS: HIGH COURT CHALLENGES. Stephen Morgan Landmark Chambers
PLANNING APPEALS: HIGH COURT CHALLENGES Stephen Morgan Landmark Chambers TOPICS (1) The right to challenge an appeal decision (2) The scope of any challenge (3) Procedural requirements and costs (4) Appeals
More informationRecent developments in environmental and agricultural law. UKAEL Conference, September 2011: EU LAW AND THE LAND. Gwion Lewis
Recent developments in environmental and agricultural law UKAEL Conference, September 2011: EU LAW AND THE LAND Gwion Lewis General issues EIA: Meaning of semi-natural areas R(Wye Valley Action Group)
More informationBefore: THE HON. MR JUSTICE CRANSTON Between:
Neutral Citation Number: [2015] EWHC 287 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/2263/2014 Royal Courts of Justice Strand, London, WC2A 2LL Date: 12/02/2015
More information-and- SKELETON ARGUMENT ON BEHALF OF THE APPELLANT
IN THE SUPREME COURT NIMBY Appellant -and- THE COUNCIL Respondent INTRODUCTION SKELETON ARGUMENT ON BEHALF OF THE APPELLANT 1. This is an appeal against the decision of the Court of Appeal dismissing Nimby
More informationEIA: nuts and bolts. James Maurici Q.C. Landmark Chambers
EIA: nuts and bolts James Maurici Q.C. Landmark Chambers Scope Post screening, stages where ES to be submitted: (1) Scoping; (2) Judging the adequacy of the ES; (3) Reg. 22 requests for further information;
More informationFreedom of Information Act 2000 (FOIA) Decision notice
Freedom of Information Act 2000 (FOIA) Decision notice Date: 22 September 2015 Public Authority: Address: The Royal Mint Limited Llantrisant Pontyclun CF72 8YT Decision (including any steps ordered) 1.
More informationBARNSLEY METROPOLITAN BOROUGH COUNCIL PLANNING COMPLIANCE POLICY
BARNSLEY METROPOLITAN BOROUGH COUNCIL PLANNING COMPLIANCE POLICY Barnsley Metropolitan Borough Council Community Safety and Enforcement Service Development Management Service Legal Services 1 1. INTRODUCTION
More informationBefore : SIR GEORGE NEWMAN (sitting as a Deputy High Court Judge) Between :
Neutral Citation Number: [2008] EWHC 3046 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/3755/2007 Royal Courts of Justice Strand, London, WC2A 2LL Date: 10
More informationEIA CASE LAW UPDATE. Andrew Byass
EIA CASE LAW UPDATE Andrew Byass Themes The standard of review Screening decisions: split development Screening decisions: cumulative effects Planning enforcement / retrospective permission HS2 (briefly)
More informationR (Champion) v North Norfolk District Council
Journal of Environmental Law, 2016, 28, 523 531 doi: 10.1093/jel/eqw030 Analysis R (Champion) v North Norfolk District Council Ned Westaway* INTRODUCTION The decision of the UK Supreme Court in R (Champion)
More informationFreedom of Information Act 2000 (FOIA) Environmental Information Regulations 2004 (EIR) Decision notice
Freedom of Information Act 2000 (FOIA) Environmental Information Regulations 2004 (EIR) Decision notice Date: 03 May 2012 Public Authority: Address: Department of the Environment (Northern Ireland) 10-18
More informationDerry City and Strabane District Council Planning Committee Report
Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 15 th April 2015 APPLICATION No: A/2014/0298/O APPLICATION TYPE: Single Dwelling PROPOSAL: Erection of 1 1/2 storey replacement
More informationBefore: LORD JUSTICE SULLIVAN LORD JUSTICE TOMLINSON and LORD JUSTICE LEWISON Between:
Neutral Citation Number: [2014] EWCA Civ 1386 Case No: C1/2014/2773, 2756 and 2874 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION PLANNING COURT
More informationEIA screening: themes from the recent case law. Zoë Leventhal Landmark Chambers 13 March 2015 At Oxford City Council
EIA screening: themes from the recent case law Zoë Leventhal Landmark Chambers 13 March 2015 At Oxford City Council Introduction Reminder of key legal principles Review of case law from last 18 months
More informationBREXIT POTENTIAL ISSUES FOR PUBLIC AND PRIVATE LAW LITIGATION IN NORTHERN IRELAND. or How to Survive Without EU Law As We Know It
BREXIT POTENTIAL ISSUES FOR PUBLIC AND PRIVATE LAW LITIGATION IN NORTHERN IRELAND or How to Survive Without EU Law As We Know It Law Society of Northern Ireland and Irish Centre for European Law Belfast,
More informationNeutral Citation: [2016] IEHC 490 Date of Delivery: 29/07/2016 Court: High Court
http://courts.ie/judgments.nsf/0/760a10d1a4bb989180258011003f545d Judgment Title: North East Pylon Pressure Campaign Limited & anor -v- An Bord Pleanála & ors (No. 2) Neutral Citation: [2016] IEHC 490
More information1.2 The ABC will apply the following criteria in determining proportionate complaint handling:
ABC Complaint Handling Procedures 1 Principles Good complaint handling is a necessary part of self-regulation. Listening to and responding to complaints and taking action when warranted is important for
More informationHIGH COURT PLANNING CHALLENGES COSTS: AARHUS, THE SULLIVAN REPORT, BUGLIFE AND HINTON ORGANICS. Nathalie Lieven QC
HIGH COURT PLANNING CHALLENGES COSTS: AARHUS, THE SULLIVAN REPORT, BUGLIFE AND HINTON ORGANICS Nathalie Lieven QC (A) INTRODUCTION 1. The purpose of this paper is to assess recent developments in the application
More informationBefore: LORD JUSTICE CARNWATH LORD JUSTICE LLOYD and LORD JUSTICE SULLIVAN Between:
Neutral Citation Number: [2011] EWCA Civ 1606 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER) JUDGE EDWARD JACOBS GIA/2098/2010 Before: Case No:
More informationIrish Environmental Law Association
Irish Environmental Law Association Judgements of the Superior Courts in the period from April 13 th to July 13 th 2010 Niall Handy B.L. Kildare County Council v John Byrne and Maree Byrne, 2009/29CA Judgment
More informationPROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS
European Parliament 2014-2019 Committee on the Internal Market and Consumer Protection 11.7.2017 PROVISIONAL AGREEMT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS Subject: Proposal for a regulation of
More informationPlanning Court Procedure and Costs Capping Orders
South West Administrative Lawyers Association Clarke Willmott LLP 1 st March 2017 Planning Court Procedure and Costs Capping Orders David Gardner Administrative Court Office Lawyer for Wales and the Western
More informationQuestionnaire EUFJE Conference 2013, VIENNA 29/30 November Access to Justice in matters of environmental law
Questionnaire EUFJE Conference 2013, VIENNA 29/30 November 2013 Access to Justice in matters of environmental law Danish report High Court Judge Karsten Bo Knudsen Introduction to the Danish system on
More informationPlanning Appeals Update
Planning Appeals Update Talk to the Royal Town Planning Institute (Northern Ireland) 30 th November 2017 Trevor Rue Deputy Chief Commissioner Overview Selected appeal decisions issued over the past two
More informationFirmus Energy (Distribution) Limited 1 LICENCE FOR THE CONVEYANCE OF GAS IN NORTHERN IRELAND
Last Modified: 1 January 2017 Firmus Energy (Distribution) Limited 1 LICENCE FOR THE CONVEYANCE OF GAS IN NORTHERN IRELAND 1 Licence granted to Bord Gais Eireann on 24 March 2005 and assigned to BGE (NI)
More informationBefore: LORD JUSTICE SULLIVAN LADY JUSTICE GLOSTER and LORD JUSTICE VOS Between:
Annex 1 Neutral Citation Number: [2014] EWCA Civ 1539 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION ADMINISTRATIVE COURT MRS JUSTICE LANG CO/6859/2013
More informationJudicial Review in Northern Ireland:
Judicial Review in Northern Ireland: A guide for non governmental organisations Advancing human rights and equality through public interest litigation 1 Judicial Review Guide for NGOs in Northern Ireland
More informationENVIRONMENTAL IMPACT ASSESSMENT: AVOIDING THE ELEPHANT-TRAPS
ENVIRONMENTAL IMPACT ASSESSMENT: AVOIDING THE ELEPHANT-TRAPS Stephen Tromans 1 Barrister, 39 Essex Street Environmental impact assessment (or EIA as it is normally known) easily outpaces any other area
More informationGARDEN COURT CHAMBERS CIVIL TEAM. Response to Consultation Paper CP25/2012: Judicial Review: proposals for reform
GARDEN COURT CHAMBERS CIVIL TEAM Response to Consultation Paper CP25/2012: Judicial Review: proposals for reform Introduction 1. This is a response to the Consultation Paper on behalf of the Civil Team
More information2016 No. 41 POLICE. The Police (Conduct) Regulations (Northern Ireland) 2016
S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2016 No. 41 POLICE The Police (Conduct) Regulations (Northern Ireland) 2016 Made - - - - 17th February 2016 Coming into operation - 1st June
More informationinvestigation and that there were no proposals for an effective investigation in the very cases that were the subject of those judgments.
Northern Ireland Human Rights Commission Response to the proposed Coroners (Practice and Procedure) (Amendment) Rules (Northern Ireland) 2002 January 2002 The Northern Ireland Human Rights Commission is
More informationPays-Bas-The Netherlands
Le juge administratif et le droit communautaire de l environnement National administrative courts And Community Environmental law Pays-Bas-The Netherlands Réponse au questionnaire Answer to The questionnaire
More informationEXECUTIVE SUMMARY. 3 P a g e
Opinion 1/2016 Preliminary Opinion on the agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection
More informationIN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND QUEEN S BENCH DIVISION (JUDICIAL REVIEW)
Neutral Citation No: [2017] NIQB 133 Ref: KEE10464 Judgment: approved by the Court for handing down (subject to editorial corrections)* Delivered: 23/11/2017 IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
More informationImplementing the Petition of Concern (S469) CAJ Briefing Note, January 2018; summary:
Implementing the Petition of Concern (S469) CAJ Briefing Note, January 2018; summary: The Petition of Concern mechanism has never been implemented as the Good Friday Agreement (GFA) and Northern Ireland
More information(2) Portland and Brunswick Squares Association
IN THE FIRST-TIER TRIBUNAL GENERAL REGULATORY CHAMBER (INFORMATION RIGHTS) Case No. EA/2010/0012 ON APPEAL FROM: Information Commissioner Decision Notice ref FER0209326 Dated 10 December 2010 Appellant:
More informationJCHR: Inquiry into the human rights of unaccompanied migrant children
Joint Committee on Human Rights: inquiry into the human rights of unaccompanied migrant children and young people in the UK with a particular focus on those who are seeking asylum or who have been the
More informationBefore: LORD JUSTICE CARNWATH LADY JUSTICE HALLETT and LORD JUSTICE LAWRENCE COLLINS Between:
Neutral Citation Number: [2007] EWCA Civ 570 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE LANDS TRIBUNAL Case No: C3/2006/2088 Royal Courts of Justice Strand,
More informationWEST DORSET DISTRICT COUNCIL - DEVELOPMENT SERVICES DIVISION
WEST DORSET DISTRICT COUNCIL - DEVELOPMENT SERVICES DIVISION MATERIAL PLANNING CONSIDERATIONS - GUIDANCE NOTE FOR MAKING REPRESENTATIONS ON PLANNING APPLICATIONS 1.0 INTRODUCTION 2.0 FACTORS THAT ARE MATERIAL
More informationClergy Discipline Rules 2005 a as amended b
Clergy Discipline Rules 2005 a as amended b ARRANGEMENT OF RULES 1. Overriding Objective 2. Duty to co-operate 3. Application of rules PART I Introductory PART II Institution of proceedings 4. Institution
More informationNon-broadcast Complaint Handling Procedures
Non-broadcast Complaint Handling Procedures Introduction 1. The Committee of Advertising Practice (CAP) is the self-regulatory body that creates, revises and helps to enforce the UK Code of Non-broadcast
More informationThe course of justice and inquiries exception (regulation 12(5)(b))
ICO lo The course of justice and inquiries exception (regulation 12(5)(b)) Environmental Information Regulations Contents Overview... 2 What the EIR say... 2 General principles of regulation 12(5)(b)...
More informationECN MODEL LENIENCY PROGRAMME
ECN MODEL LENIENCY PROGRAMME I. INTRODUCTION 1. In a system of parallel competences between the Commission and National Competition Authorities, an application for leniency 1 to one authority is not to
More informationDecision 096/2006 Mr George Waddell and South Lanarkshire Council
Decision 096/2006 Mr George Waddell and South Lanarkshire Council Liability loss adjuster s report Applicant: Mr George Waddell Authority: South Lanarkshire Council Case No: 200503134 Decision Date: 05
More informationComplaints against Government - Judicial Review
Complaints against Government - Judicial Review CHAPTER CONTENTS Introduction 2 Review of State Government Action 2 What Government Actions may be Challenged 2 Who Can Make a Complaint about Government
More informationBrexit and Northern Ireland: A briefing on Threats to the Peace Agreement. September 2017
Brexit and Northern Ireland: A briefing on Threats to the Peace Agreement September 2017 Introduction The withdrawal of the UK from the EU will have a profound effect on the legal and constitutional underpinning
More informationComplaints and Allegations Received by the Police Ombudsman for Northern Ireland. Quarterly Statistical Update to 31 st March 2018
Complaints and Allegations Received by the Police Ombudsman for Northern Ireland Quarterly Statistical Update to 31 st March 2018 Published April 2018 Complaints and Allegations Received by the Police
More informationUttlesford District Council v Secretary of State for the Environment and another
Page 1 Estates Gazette Planning Law Reports/1991/Volume 2 /Uttlesford District Council v Secretary of State for the Environment and another - [1991] 2 PLR 76 [1991] 2 PLR 76 Uttlesford District Council
More informationComplaints and Allegations Received by the Police Ombudsman for Northern Ireland. Quarterly Statistical Update to 30 th September 2018
Complaints and Allegations Received by the Police Ombudsman for Northern Ireland Quarterly Statistical Update to 30 th 2018 Published October 2018 Complaints and Allegations Received by the Police Ombudsman
More informationThe Planning Court comes into being. Richard Harwood OBE QC
The Planning Court comes into being Richard Harwood OBE QC The Planning Court will come into existence on 6 th April 2014 and some of the detail of its operation is now known. For the most part the procedures
More informationCltp6229 DEVELOPMENTS IN JR PROCEDURE. Notes prepared by Gordon Nardell, 39 Essex Street
DEVELOPMENTS IN JR PROCEDURE Notes prepared by Gordon Nardell, 39 Essex Street 30 1. INTRODUCTION Aim of this session Some significant recent case-law developments, but equally Aspects of CPR 54 and Practice
More informationThe Labour Relations Agency Arbitration Scheme. Guide to the Scheme
The Labour Relations Agency Arbitration Scheme Guide to the Scheme Labour Relations Agency The Labour Relations Agency is an independent, publicly funded organisation. Our job is to promote good employment
More informationB e f o r e: MRS JUSTICE LANG. Between: THE QUEEN ON THE APPLICATION OF DEAN Claimant
Neutral Citation Number: [2016] EWHC 3775 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT CO/4951/2016 Royal Courts of Justice Strand London WC2A 2LL Thursday, 15 December
More informationComplaints and Allegations Received by the Police Ombudsman for Northern Ireland. Quarterly Statistical Update to 30 th September 2017
Complaints and Allegations Received by the Police Ombudsman for Northern Ireland Quarterly Statistical Update to 30 th 2017 Published October 2017 Complaints and Allegations Received by the Police Ombudsman
More informationIntroduction to YOUR Planning System
Introduction to YOUR Planning System Irish Planning Ins,tute Ciarán M Tracey. B.Soc.Sc., H.Dip.T.P., Dip.L.S., F.I.P.I Please note this is an informa,on seminar only & the IPI is not in a posi,on to offer
More information2017 No. 114 AGRICULTURE LAND DRAINAGE WATER
S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2017 No. 114 AGRICULTURE LAND DRAINAGE WATER The Agriculture, Land Drainage and Irrigation Projects (Environmental Impact Assessment) (Scotland)
More informationNorthern Ireland (St Andrews Agreement) Act 2006
Northern Ireland (St Andrews Agreement) Act 2006 CHAPTER 53 CONTENTS PART 1 PREPARATIONS FOR RESTORATION OF DEVOLVED GOVERNMENT 1 Preparations for restoration of devolved government 2 Compliance or non-compliance
More information1. The Commissioner General of Excise
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. In the matter of an application for Mandates in the nature of Writs of Certiorari and Mandamus, in terms of Article 140 of the
More informationRECOMMENDED FRAMEWORK FOR BEST PRACTICES IN INTERNATIONAL COMPETITION LAW ENFORCEMENT PROCEEDINGS
RECOMMENDED FRAMEWORK FOR BEST PRACTICES IN INTERNATIONAL COMPETITION LAW ENFORCEMENT PROCEEDINGS 1. INTRODUCTION 1.1. Preliminary Statement 1.1.1. This draft proposal has been prepared by the Due Process
More informationDecision 063/2012 Mr Drew Cochrane of the Largs and Millport News and the Chief Constable of Strathclyde Police
of the Largs and Millport News and the Chief Constable of Strathclyde Police Name of a deceased person Reference No: 201200104 Decision Date: 2 April 2012 Margaret Keyse Acting Scottish Information Commissioner
More informationSTATUTORY INSTRUMENTS. S.I. No. 644 of 2017
STATUTORY INSTRUMENTS. S.I. No. 644 of 2017 EUROPEAN UNION (INDICES USED AS BENCHMARKS IN FINANCIAL INSTRUMENTS AND FINANCIAL CONTRACTS OR TO MEASURE THE PERFORMANCE OF INVESTMENT FUNDS) REGULATIONS 2017
More informationVictorian Civil and Administrative Tribunal Rules 2008
Victorian Civil and Administrative Tribunal Rules 2008 TABLE OF PROVISIONS Rule Page ORDER 1 PRELIMINARY 1 1.01 Object 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Revocation 1 1.05 Definition
More informationEngland and Wales High Court (Administrative Court) Decisions
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] England and Wales High Court (Administrative Court) Decisions You are here: BAILII >> Databases >> England and Wales High Court (Administrative
More informationAdult Support and Protection (Scotland) Act Code of Practice
Adult Support and Protection (Scotland) Act 2007 Code of Practice April 2014 ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 CODE OF PRACTICE FOR AUTHORITIES AND PRACTITIONERS EXERCISING FUNCTIONS UNDER
More informationThe Enforcement Guide
Contents list The Enforcement Guide 1. Introduction Overview 2. The 's approach to enforcement 3. Use of information gathering and investigation powers 4. Conduct of investigations 5. Settlement 6. Publicity
More informationDoncaster Metropolitan Borough Council. Planning Enforcement Policy
Doncaster Metropolitan Borough Council Planning Enforcement Policy 1 April 2015 Contents Page 1. What is planning enforcement? 3 2. Planning enforcement the principles, our policy and expediency explained
More informationDATA PROTECTION ACT 1998 SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER NOTICE OF INTENT
DATA PROTECTION ACT 1998 SUPERVISORY POWERS OF THE INFORMATION COMMISSIONER NOTICE OF INTENT To: Hutchison 3G UK Ltd Of: Star House, 20 Grenfell Road, Maidenhead, Berkshire, SL6 1EH 1. The Information
More informationEuropean Union. European Regional Development Fund Investing in your future. St Andrews Agreement. An Aid for Dialogue
European Union European Regional Development Fund Investing in your future St Andrews Agreement An Aid for Dialogue St Andrews Agreement An Aid for Dialogue Community Dialogue Steps into Dialogue Project
More informationCase No. CO/ 4943/2014. BLUE GREEN LONDON PLAN Claimant THE SECRETARY OF STATE FOR THE DEPARTMENT OF COMMUNITIES AND LOCAL GOVERNMENT
IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION ADMINISTRATIVE COURT BETWEEN: Case No. CO/ 4943/2014 BLUE GREEN LONDON PLAN Claimant THE SECRETARY OF STATE FOR THE DEPARTMENT OF COMMUNITIES AND LOCAL
More informationILLEGAL USE / ILLEGAL BUILDING WORK COUNCIL RESPONSES
Telephone: 9262 6188 Email: sgriffiths@pikeslawyers.com.au Website: www.pikeslawyers.com.au ILLEGAL USE / ILLEGAL BUILDING WORK COUNCIL RESPONSES Author: Stephen Griffiths INDEX 1 ILLEGAL USE... 2 1.1
More informationIMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.
IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice. JUDGMENT OF THE COURT (Second Chamber) 11 January 2007 (*) (Failure of a Member State to fulfil
More informationJudgment As Approved by the Court
Neutral Citation Number: [2014] EWHC 332 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case Nos: CO/7744/2013 and CO/2386/2013 Royal Courts of Justice Strand, London,
More information07/03/2018. Cases. Case law update Kate Ashworth. Forest of Dean District Council and Resilient Energy Serverndale Limited v R(Peter Wright)
womblebonddickinson.com Cases Case law update Kate Ashworth 1. Community benefit as a material consideration: Forest of Dean District Council and Resilient Energy Serverndale Limited v R (Peter Wright):
More informationRecent Developments in Case Law. Presented by Hashi Mohamed RTPI South East May 2018
Recent Developments in Case Law Presented by Hashi Mohamed RTPI South East May 2018 Introduction Overview Case law updates always a problem; never comprehensive enough Many filters; and we do not always
More informationDECISION DISCIPLINARY PROCEEDINGS INSPECTOR CHAMBERLAIN PC WILLS. 2 November A. Introduction
DECISION DISCIPLINARY PROCEEDINGS INSPECTOR CHAMBERLAIN PC WILLS 2 November 2017 A. Introduction 1. The events that have led to the disciplinary hearing now before us took place on 8 July 2009. On that
More informationDATA PROTECTION (JERSEY) LAW 2005 CODE OF PRACTICE & GUIDANCE ON THE USE OF CCTV GD6
DATA PROTECTION (JERSEY) LAW 2005 CODE OF PRACTICE & GUIDANCE ON THE USE OF CCTV GD6 2 DATA PROTECTION (JERSEY) LAW 2005: CODE OF PRACTICE & GUIDANCE ON THE USE OF CCTV PART 1: CODE OF PRACTICE Introduction
More informationJudicial review: proposals for reform
Judicial review: proposals for reform Response to Ministry of Justice consultation paper January 2013 The Law Society 2013 Page 1 of 11 Judicial Review: Proposals for Reform Response by the Law Society
More informationARBITRATION RULES. Arbitration Rules Archive. 1. Agreement of Parties
ARBITRATION RULES 1. Agreement of Parties The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by ADR Services, Inc. (hereinafter
More informationUK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED]
UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [AS PASSED] CONTENTS Section 1 Purpose and effect of this Act PART 1 PURPOSE AND EFFECT OF ACT PART 2 RETENTION OF EXISTING EU LAW
More informationBefore: MR JUSTICE WYN WILLIAMS Between:
Neutral Citation Number: [2014] EWHC 836 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/1070/2013 Cardiff Civil Justice Centre 2 Park Street, Cardiff, CF101ET
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION. THOMAS C. and PAMELA McINTOSH
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION THOMAS C. and PAMELA McINTOSH PLAINTIFFS V. NO. 1:06cv1080-LTS-RHW STATE FARM FIRE & CASUALTY COMPANY, FORENSIC
More informationSafeguarding and Protecting Young People in Hockey Complaints and Disciplinary Regulations
Safeguarding and Protecting Young People in Hockey Complaints and Disciplinary Regulations INTRODUCTION England Hockey is committed to ensuring that young people are able to enjoy the sport of hockey free
More informationTHE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 13th April 2016 On 27 th April Before
IAC-FH-AR-V1 Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 13th April 2016 On 27 th April 2016 Before DEPUTY UPPER TRIBUNAL
More informationPlanning (Scotland) Bill
Planning (Scotland) Bill 4th Groupings of Amendments for Stage 2 This document provides procedural information which will assist in preparing for and following proceedings on the above Bill. The information
More informationPolice and Crime Commissioners in England (except London) and Wales.
BBC Election Guidelines Election Campaigns for: Police and Crime Commissioners in England (except London) and Wales. Polling Day: 15 th November 2012 1. Introduction 1.1 The Election Period and when the
More informationThe Pinsent Masons Planning Toolkit Series
Update April 2008 The Pinsent Masons Planning Toolkit Series Part 2 - Getting on Site Minor modifications, reserved matters and lawful commencement of development Minor Modifications The Current Position
More informationCorporations Act. Company Limited by Guarantee BY-LAWS THE REAL ESTATE INSTITUTE OF QUEENSLAND LTD ABN Effective: 15August 2017
Corporations Act Company Limited by Guarantee BY-LAWS OF THE REAL ESTATE INSTITUTE OF QUEENSLAND LTD ABN 49 009 661 287 Effective: 15August 2017 TABLE OF CONTENTS Part 1 Interpretation... 6 1 Inconsistency
More informationFREEDOM OF INFORMATION ACT REQUEST THE ATTORNEY GENERAL S LEGAL ADVICE ON THE IRAQ MILITARY INTERVENTION ADVICE
FREEDOM OF INFORMATION ACT REQUEST THE ATTORNEY GENERAL S LEGAL ADVICE ON THE IRAQ MILITARY INTERVENTION ADVICE 1. The legal justification for the Government s decision to participate in military action
More informationDraft recommendation of the European Ombudsman in the inquiry into complaint 2004/2013/PMC against the European Commission
1 of 5 13/10/2014 13:33 Home Cases Draft recommendations Draft recommendation of the European Ombudsman in the inquiry into complaint 2004/2013/PMC against the European Commission Available languages:
More informationBefore : MR JUSTICE LEWIS Between :
Neutral Citation Number: [2014] EWHC 4222 (Admin) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Case No: CO/8318/2013 Royal Courts of Justice Strand, London, WC2A 2LL Before
More informationENVIRONMENTAL IMPACT ASSESSMENT OF PROJECTS RULINGS OF THE COURT OF JUSTICE
ENVIRONMENTAL IMPACT ASSESSMENT OF PROJECTS RULINGS OF THE COURT OF JUSTICE Europe Direct is a service to help you find answers to your questions about the European Union Freephone number (*): 00 800 6
More informationHuman Rights and Anti-discrimination Bill 2012 Exposure Draft
Human Rights and Anti-discrimination Bill 2012 Exposure Draft Submission to Senate Legal and Constitutional Affairs Committee December 2012 Prepared by Adam Fletcher and Professor Sarah Joseph 1 Introduction
More informationReview Report. R v John Michael McDermott, James Francis McDermott, Owen Roe McDermott and Peter Paul McDermott (now deceased)
Review Report R v John Michael McDermott, James Francis McDermott, Owen Roe McDermott and Peter Paul McDermott (now deceased) Purpose 1. This report outlines the findings of a review of the court records
More informationSTATUTORY INSTRUMENTS. S.I. No. 110 of 2019
STATUTORY INSTRUMENTS. S.I. No. 110 of 2019 EUROPEAN UNION (ANTI-MONEY LAUNDERING: BENEFICIAL OWNERSHIP OF CORPORATE ENTITIES) REGULATIONS 2019 2 [110] S.I. No. 110 of 2019 European Union (Anti-Money Laundering:
More informationAttorney s BriefCase Beyond the Basics Depositions in Family Law Matters
Attorney s BriefCase Beyond the Basics Depositions in Family Law Matters Code of Civil Procedure 1985.8 Subpoena seeking electronically stored information (a)(1) A subpoena in a civil proceeding may require
More informationNORTHERN IRELAND COUNTY COURT RULES COMMITTEE CONSULTATION: REVIEW OF SCALE COSTS AND RECENT PRACTICE AND PROCEDURAL CHANGES IN THE COUNTY COURT
NORTHERN IRELAND COUNTY COURT RULES COMMITTEE CONSULTATION: REVIEW OF SCALE COSTS AND RECENT PRACTICE AND PROCEDURAL CHANGES IN THE COUNTY COURT Response of the Law Society of Northern Ireland 96 Victoria
More informationMemorandum of Understanding between the Office of the Scottish Charity Regulator and Equality and Human Rights Commission
Memorandum of Understanding between the Office of the Scottish Charity Regulator and Equality and Human Rights Commission # Purpose of the Memorandum of Understanding The purpose of this Memorandum of
More informationNote on the Cancellation of Refugee Status
Note on the Cancellation of Refugee Status Contents Page I. INTRODUCTION 2 II. GENERAL CONSIDERATIONS AND LEGAL PRINCIPLES 3 A. General considerations 3 B. General legal principles 3 C. Opening cancellation
More informationINQUIRY GOOD PRACTICE
INQUIRY GOOD PRACTICE THE PURPOSE OF AN INQUIRY 1. For many years the town and country planning legislation has provided an opportunity for the resolution of disputes between a prospective developer and
More information