THE QUEEN. on the application of. -and- ORDER

Similar documents
POLICY BRIEFING. Poverty in Suburbia: Smith Institute report

I want to appeal - what should I do? For people who want to appeal against a court decision in civil and family appeals

NATIONAL OFFICERS AND EXECUTIVE MEMBERS. Annual Conference. Brighton

THE COST OF CRIME Matthew Sinclair and Corin Taylor

EX107 Request for transcription of Court or Tribunal proceedings

This research is funded by the UK Economic and Social Research Council and is a part of UPTAP programme

Freedom of Information Report 2011

The Rules May Lawn Tennis Association Limited The Rules Effective 17 May 2018

EX107GN Guidance Notes Request for Transcription of Court or Tribunal proceedings

The Supreme Court of the United Kingdom Practice Direction 13 Costs

The contemporary labour market in BRITAIN S OLDER INDUSTRIAL TOWNS

PRACTICE STATEMENT FRESH CLAIM JUDICIAL REVIEWS IN THE IMMIGRATION AND ASYLUM CHAMBER OF THE UPPER TRIBUNAL ON OR AFTER 29 APRIL 2013

International Migration Using administrative datasets for migration analysis and estimation

With or without EU? Gabriele Piazza and Naomi Clayton August 2018

BRIEFING. West Midlands: Census Profile. AUTHOR: ANNA KRAUSOVA DR CARLOS VARGAS-SILVA PUBLISHED: 15/08/2013

2018 No. 103 TRANSPORT, ENGLAND LOCAL GOVERNMENT, ENGLAND. The Sub-national Transport Body (Transport for the North) Regulations 2018

Regional Policy post BREXIT

2016 No. 653 LOCAL GOVERNMENT, ENGLAND TRANSPORT, ENGLAND. The West Midlands Combined Authority Order 2016

City of Bradford Metropolitan District Council Intelligence Bulletin. population update

VIEW FROM THE PRESIDENT S CHAMBERS (18) The on-going process of reform Financial Remedies Courts. Sir James Munby, President of the Family Division

LOCAL GOVERNMENT ELECTIONS MAY POST POLL RESEARCH Data toplines and key findings

Local institutions and local economic growth: the state of the LEPs in England

BRIEFING. Yorkshire and the Humber: Census Profile.

Levels or Changes?: Ethnic Context and the Political Demography of the UKIP Vote. Eric Kaufmann, Professor, Department of Politics, Birkbeck College,

Before: MR JUSTICE EDWARDS-STUART Between:

BBR08 Miscellaneous information

2010 No CHILDREN AND YOUNG PERSONS

European Union (Withdrawal) Bill

Before : MR JUSTICE LEWIS Between :

Local Elections 2007

BILL. Repeal the European Communities Act 1972 and make other provision in connection with the withdrawal of the United Kingdom from the EU.

2017 No. 41 (W. 17) COUNCIL TAX, WALES. The Council Tax (Administration and Enforcement) (Amendment) (Wales) Regulations 2017

FOR USE AFTER 1 NOVEMBER

European Union (Withdrawal) Bill

Improved Immigration Estimates to Local Authorities in England and Wales: Overview of Methodology

2017 No CREMATION, ENGLAND AND WALES. The Cremation (England and Wales) (Amendment) Regulations 2017

2014 No. 379 SEA FISHERIES. The Sea Fishing (Points for Masters of Fishing Boats) (Scotland) Regulations 2014

How Labour s position on a People s Vote affects its support in Leave-voting marginals. Analysis from Represent Us based on polling from ICM

The TUSC results. Elections 2016:

2014 No LOCAL GOVERNMENT, ENGLAND TRANSPORT, ENGLAND

2011 Census Snapshot: Ethnic Diversity Indices

Changing Primary Schools in England:

Institute of Revenues, Rating and Valuation

Before : LORD CHIEF JUSTICE OF ENGLAND AND WALES. Criminal Practice Directions 2015 Amendment No. 2

2019 No. (W. ) EXITING THE EUROPEAN UNION, WALES EDUCATION, WALES. The Teachers Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019

Explanatory Memorandum to The Sea Fishing (Miscellaneous Amendments) Regulations 2018

STANDARD CFA TERMS AND CONDITIONS FOR PERSONAL INJURY CASES TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

Settlement area migration in England & Wales: assessing evidence for a social gradient

INFORMATION SHEET C2 W

Recall of MPs Bill (Draft) CONTENTS PART I. How an MP becomes the subject of a recall referendum PART II. Returning officers and their role PART III

HIGH COURT PLANNING CHALLENGES COSTS: AARHUS, THE SULLIVAN REPORT, BUGLIFE AND HINTON ORGANICS. Nathalie Lieven QC

Before: THE QUEEN on the application of (1) DSD and NBV (2) MAYOR OF LONDON (3) NEWS GROUP NEWSPAPERS LTD. - and

BRIEFING. North West: Census Profile. AUTHOR: ANNA KRAUSOVA DR CARLOS VARGAS-SILVA PUBLISHED: 10/12/2013

Healthcare (International Arrangements) Bill (changed to Healthcare (European Economic Area and Switzerland Arrangements) Bill)

1990 No TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

Peter Boden. GRO Scotland February 12 th 2009

Fear of Crime in NDC areas: How do perceptions relate to reality?

Regional Protocol Disclosure

Recruiting Computer & Network Operators and Web Technicians in Canada, the United States, the United Kingdom and Ireland

FUTURES NETWORK WEST MIDLANDS WORKING PAPER 1. Demographic Issues facing the West Midlands

IN THE HIGH COURT OF JUSTICE BUSINESS & PROPERTY COURTS OF ENGLAND AND WALES COMPETITION LIST (ChD) ROYAL MAIL GROUP LIMITED

2008 No TOWN AND COUNTRY PLANNING, ENGLAND

REQUEST FOR ARBITRATION

2007 No (W.251 ) AGRICULTURE, WALES

Data Protection Bill [HL]

Migration and multicultural Britain British Society for Population Studies. 2 nd May 2006, Greater London Authority

2013 No FOOD. The Fish Labelling Regulations 2013

Disability Discrimination Act CHAPTER 13 CONTENTS. Go to Preamble. Public authorities

Proposal for a COUNCIL DECISION

Data Protection Bill [HL]

City Relationships: Economic Linkages in Northern city regions Leeds City Region. November 2009

2011 No FOOD, ENGLAND. The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011

IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.

GUIDANCE ON THE AWARD OF COSTS IN FACULTY PROCEEDINGS IN THE CONSISTORY COURT

CONVEYANCING (PASSING OF RISK) AMENDMENT ACT 1986 No. 6

Attorneys for BERKES CRANE ROBINSON & SEAL, LLP and the class of similarly situated persons SUPERIOR COURT OF THE STATE OF CALIFORNIA

2010 No. 787 (L. 7) MAGISTRATES COURTS, ENGLAND AND WALES. The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2010

2008 No LAND REGISTRATION, ENGLAND AND WALES. The Land Registration (Electronic Conveyancing) Rules 2008

Healthcare (International Arrangements) Bill

City Relationships: Economic Linkages in Northern city regions Sheffield City Region. November 2009

European Union (Withdrawal) Bill

IN THE SUPREME COURT OF BELIZE AD of an application for leave to apply for Judicial Review NORMAN CHARLES RODRIGUEZ

ECTA European Communities Trade Mark Association 27 th Annual Meeting in Killarney

The May 2016 Police and Crime Commissioner elections

IN THE COURT OF APPEAL. and THE PUBLIC SERVICE COMMISSION. The Hon. Mr. Davidson Kelvin Baptiste

2005 No ANIMALS, ENGLAND. The Sheep and Goats (Records, Identification and Movement) (England) Order 2005

Postal votes, proxy votes and spoilt ballot papers at the 2001 general election

2008 No FOOD, ENGLAND

2017 No. 362 (W. 88) ACQUISITION OF LAND, WALES. The Compulsory Purchase of Land (Vesting Declarations) (Wales) Regulations 2017

PRACTICE DIRECTION AMENDMENTS

Immigration Act 2014 implementation as at September 2014 Guidance from the Race Equality Foundation and Equanomics-UK

Freedom of Information Act 2000 (Section 50) Environmental Information Regulations Decision Notice

BETWEEN: MAURICE JOHN KIRK Claimant SECRETARY OF STATE FOR JUSTICE PAROLE BOARD FOR ENGLAND AND WALES CHIEF CONSTABLE OF SOUTH WALES POLICE

2010 No. ANIMAL WELFARE, ENGLAND. The Welfare of Racing Greyhounds Regulations 2010

Netherlands Arbitration Institute REQUEST FOR ARBITRATION

2010 No FISHERIES, ENGLAND. The North Western Inshore Fisheries and Conservation Order 2010

A White Book Service

NOTICE OF ARBITRATION

THE EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL IN THE COURT OF APPEAL BETWEEN [1] GENERAL AVIATION SERVICES LTD. [2] SILVANUS ERNEST.

Gypsy and Traveller Site Funding under the Coalition

Transcription:

i:;::r ;.: 1.'\,... :.. : t 1:.- l,- t... :.; t 1,... N THE HIGH COURT OF JUSTICE. OUEEN S, BENCH DJ;\1.ISiON ' ' : I Claim No. C0/4922/2017 A:DMINISVRATIVE.CO.tm:r :,Before the Hon; Mr Justice Garnham BETWEEN: THE QUEEN on the application of CLIENTEARTH (No. 3) Claimant -and- (1) SECRETARY OF STATE FOR THE ENVIRONMENT, FOOD AND RURAL AFFAIRS (2) SECRETARY OF STATE FOR TRANSPORT (3) WELSH MINISTERS Defendants - and MAYOR OF LONDON Interested Party \';J?;:_:!,,L.... i -..,.. ;,,.. ORDER UPON the Claimant having applied for judicial review of the Air Quality Plan for the United Kingdom published on 28July 2017 ("the 2017 AQP"}; AND UPON the Third Defendants being responsible for the 2017 AQP to the extent that it is a plan to achieve the relevant limit value in zones in Wales made W1der regulation 20(1) of the Air Quality Standards (Wales) Regulations 2010 (the "Welsh AQP" and "Welsh Regula_tions" respectively); AND UPON the Third Defendants having accepted that the Welsh AQP does not satisfy the requirements of Directive 2008/50/EC ("the Directive") or the Welsh Regulations; AND UPON the Third Defendants giving, and the Court accepting, an undertaking: (1) to publish and commence consultation on a draft supplemental Welsh AQP l:vhich 1

w;}sf :.;. ;j:-. f ' satisfies the requirements of the Directive and the Welsh Regulations on or before 4pm on 30 April 20 8, such public tion to be accc;,mpanied by.publication.of relevant technical information (µicluding relevant details of the modelling 'techniques and assumptions used); and (2) to draw up, publish and provide to the First Defendant a final supplemental Welsh AQP which satisfies the requirements of the Directive and the Welsh Regulations on or before 4pm on 31 July 2018 ("the final supplemental Welsh AQP"). -;,; : ' } t 1:-,..:t :I\ AND UPON the First Defendant gi g, and the Court accepting an undertakin g, to notify the final supplemental Welsh AQP to the European Commission inunediately upon receipt from the Third Defendants; UPON HEARING Counsel for the Claimant, for the First Defendant and for the. Third Defendants; IT IS DECLARED THAT: 1. The 2017 Air Quality Plan is unlawful in that: (a) in its applica.tion to the 45 local authority areas listed in Annex I to this Oeder, it does not contain measures sufficient to ensure substantive compliance with the Directive and the Air Quality Standards Regulations 2010 ("the English Regulations"); (b) in respect of the 45 local authority areas listed in Annex I to this Order, it does not contain the information required by Annex XV to the Directive and Schedule 8 to the English Regulations; (c) it does not satisfy the requirements of the Directive or the Welsh Regulations in respect of Wales and therefore it contains no compliant AQP for Wales. 2. The 2017 AQP remains in force and should continue to be implemented, notwithstanding the adoption of the supplemental Welsh AQP pursuant to the Third Defendants' undertaking and to paragraph 3 below. 2

....,: I...,. ' t\;..: _1.i,. tlf. ".. IT IS ORD ERED THAT: :\. :,.:>.1 ::;:-. ;:/ f.:-:. 3. The Pi.J; t-qe d publish, d notify to,the fam pean G:ommission, a Supplement to the 2Di7 AQP 'containing.measures sufficient to comply with the reqcii"ements of the Directive and English Regulations and containing the information required by Annex XV to the Directive and Schedule 8 to the English Regulations, on or before 4 pm on 5 October 2018. 4. In relation to the, English AQP, there be liberty to apply on notice (a) for further or additional relief; (b) in relation to any issues as may arise in the course of the preparation of the Supplement and (c) as to the lawfu1ness of the final Supplement. 5. In relation to the supplemental Welsh AQP, there be liberty to apply on notice (a) for further or addition l relief; and (b) in relation to any issues as may arise in the couxse of the preparation of the supplemental Welsh AQP. 5. The Third Defendants do pay the Oaimant's reasonable costs of the claim against the Third Defenda..T\ts, to be assessed on the sta.11dard basis if not agreed, such costs to be capped at 35,000 in any event in accordance with CPR 45.43. 6. Subject to paragraph 7 below, the First Defendant do pay the Claimant's reasonable costs of the claim against the First Defendant on the standard basis, to be assessed if not agreed, such costs to be capped at 35,000 in any event in accordance with CPR 45.43. 7. The Claimant do pay the First Defendant's reasonable costs of addressing the issue concerning the "5 cities" from 1 January 2018 to trial, on the standard basis, to be assessed if not agreed, such costs to be capped at 10,000 in any event in accordance with CPR 45.43. 8. The First Defendant's application for permission to appeal is denied. Dated: 21 February 2018 3

!..., : 't I ': 'I_.::;_.. e, -t... j\ y- ""'... \....,6, r,, i.' ;--,,\,'1 '\ Annex! '... elevatlt lo.' µ.*or:ify eas in England: 1. Po inotith dty. Council;' 2. Wakefield Metropolitan District Council; 3. Bournemouth Borough Council; 4. Bradford City Council; 5. Plymouth City Council; 6. Solihull Metropolitan Borough Cow,cil; 7. Wolverhampton City Council; 8. Bo1sover DistricfCouncil; 9. Leicester City Col.llldl; 10. Liverpool City CoW1cil; 11. Newcastle-under-Lyme Borough Council; 12. Oldham Metropolitan Borough Council; 13. Sand.well Metropolitan Borough Council; 14. Stoke-on-Trent City Council; 15. Walsall Metropolitan Borough Council; 16. Poole Borough Council; 17. Burnley Borough Council; 18. Peterborough Council; 19. Readmg Borough Council; 20. Sefton Metropolit Borough Council; 21. South Gloucestershire District Council; 22. Basmgstoke and Deane Borough Council; 23. Blaby District Council; 24. Calderdale Metropolitan Borough Council; 25. Cheltenham Borough Council; 26. Dudley Metropolitạn Borough Council; 27. Kirklees Metropolitan C0tmcil; 28. South Tyneside Metropolitan Borough Council; 29. Southend Borough Council; 30. Ashfield District CO\UlCil; 31. Broxbourne Borough Council; 32. Chelmsford Borough.Council; 33. Doncaster Metropqlitan Borough Council; 34. Havant Borough Council; 35. North East Lincolnshire Council; 36. Sunderland City Council; 37. Warrington Borough Council; 38. Broxtowe Borough Council;. - 7t -.., 4

'.. \..,-.,;;."w, r.:..:...,, 39. Luton Borou Council;. 40. Oxfor!3. City Council; 41:S lu\,ble:. ugh_.cqundl; 42.)$n I y: politan : pre gh Council; 43. Nortliampto'n Bo ough Council; 44. Rochdale Metropolitan Borough Council; 45. Dartford Borough Council... 5

:,?,. '.. ' ',"'o I :.,. ll ft;he:high COUR J(Pk'ICAfil0N.. FOB tsve?to i PPEAL T.O t lf.co.t f ftiuf\a P.EAt. (CIViL.'oJijiSION) \)'.. (:,\ i :Jg:.,.:: i fr. 1. -.....,.,,,, ' \ ',, '.1 Title of case/action: THE QUEENon the application of CLIENTEARTH (No. 3) V SECRETARY OF STATE FOJ.l THE ENVIRONMENT, FOOD AND RURAL AFFAIRS and others Heard/tried before (insert name of Judge): GarnhamJ Nature of hearing Final JR.. Date of hearing/judgement: 21 February 2018 Action/case no. C0/4922/2017 Court no Results of hearing (attach copy of order): Attached Defendant's application for leave Refused Reasons for decision (to be completed by the Judge): 1. As to the ground challenging the substantive judgment, no properly arguable ground was advanced. In fact no discernible ground was advanced at all. In any event, the substantive judgment speaks for itself. 2. As to the challenge to the wide terms of the liberty to apply, It was not suggested (despite the point being raised by the court during the argument) that there was no power in the court to make the order. Accordingly, the Issue turned on the exercise of discretion. For the reasons set out in the judgment on remedies, these were exceptional circumstances which justified a wide order. In particular EU law requires domestic courts to fashion an effective remedy, HMG had been In breach of the Directive for 8 years and this was the third unsuccessful attempt by the government to produce a compllant plan. Judge's signature: /V' j/ 23(02.( 201B Note to the Applicant: When completed this fonn should be lodged In the Civil Appeals Office on a renewed application for leave to appeal or when setting down an appeal