Conservation in UK Law
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South Lakeland District Council v Secretary of State for the Environment and Another
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There is no dispute that the intention of section 277(8) is that planning decisions in respect of development proposed to be carried out in a conservation area must give a high priority to the objective of preserving or enhancing the character or appearance of the area.
All building development must involve change and if the objective of section 277(8) were to inhibit any building development in a conservation area which was not either a development by way of reinstatement or restoration on the one hand ("positive preservation") or a development which positively enhanced the character or appearance of the area on the other hand, it would surely have been expressed in very different language from that which the draftsman has used.
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Fisher and Others v English Nature
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It is well established that a reasonable relationship of proportionality under Article 1 does not import a test of strict necessity (as Mr Holgate has argued). The fact that there may be other even better methods of achieving the same ends does not necessarily mean that any particular measure is disproportionate under Article 1: see James v the UK [1986] 8 EHRR 123; Tre Traktorer Aktiebolag v Sweden [1991] 13 EHRR 309.
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Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and Others
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There is a "strong presumption" against granting planning permission for development which would harm the character or appearance of a conservation area precisely because the desirability of preserving the character or appearance of the area is a consideration of "considerable importance and weight."
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Edinburgh Council (City of) v Secretary of State for Scotland
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In the practical application of section 18A it will obviously be necessary for the decision-maker to consider the development plan, identify any provisions in it which are relevant to the question before him and make a proper interpretation of them. His decision will be open to challenge if he fails to have regard to a policy in the development plan which is relevant to the application or fails properly to interpret it.
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No Adastral New Town Ltd (Claimant/Appellant) v (1) Suffolk Coastal District Council (2) Secretary of State for Communities and Local Government (Interested Party/Respondent)
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Article 6(3) provides that any plan or project not directly connected with or necessary to the management of an SPA but likely to have a significant effect on it shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives; and in the light of the conclusions of the assessment, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site and, if appropriate, after having obtained the opinion of the general public.
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R (Morge) v Hampshire County Council
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The impact must be certain or real, it must be negative or adverse to the bats and it will be likely to be detrimental when it negatively or adversely effects the conservation status of the species. That is why the Guidance at (39) makes the point that the disturbing activity must be such as
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Preservation/Conservation Literature: A Core Reference Collection
These general preservation/conservation readings are presented as an introduction to the field. They serve also as a checklist for developing a small support library.
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A water conservation digital library using ontologies
Purpose: The paper's aims is to present research that evaluates a technology that assists in organizing and retrieving knowledge stored in a variety of forms (books, papers, models, decision suppor...
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Workplace corruption: a resource conservation perspective
Purpose: The purpose of this paper is to provide elements for human resource management to better understand workplace corruption in order to prevent and to manage corrupt behaviors at work. Desig...
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Energy conservation:. the application of standard energy
conservation techniques at Crabtree Electrical Industries
Discusses the application of operations research (OR) to produce accurate models of real systems. These have then been used to predict how standard energy conservation techniques, published by the ...
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Conservation Finance: An Increasingly Attractive Concept for Investors?
Broadly defined, conservation finance is the raising of capital to support the conservation of land, water and resources. This concept started with “debt for nature” swaps during the 1980s and 1990...
- Nature Conservation Law: An Attack From The Environment Secretary?
- Insurance And Environmental Conservation (With Rob George)
- Biodiversity Net Gain ' What To Expect Under The New Conservation Covenant Regime
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Chapter BIM42501
......This has led to requests for guidance on the treatment of costs incurred on the care and conservation of business archives, of providing access to them and of educational service based upon them. Maintenance. The costs incurred in maintaining historic ......
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Chapter DT4603
...... taxes based on a percentage of premiums received by insurance companies. Provincial taxes. Alberta. oil and gas conservation......
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Chapter SDLTM29680
...... any body having nature conservation as its purpose or one of its purposes. the National Art Collections Fund or the Friends of the National Libraries, if they are willing to accept ......
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Chapter CIRD62020
...... natural surroundings), and where there is a clear reason that could outweigh the re-use of the site - such as its contribution to nature conservation - or it has subsequently been put to an amenity use and cannot be regarded as requiring redevelopment. HMRC accept inclusion on the NLUD as meeting ......