Energy Infrastructure in UK Law

He reported this to the Master who told him that there was no problem and did not even investigate, which seems to be a staggeringly complacent attitude in the face of tell-tale signs that something potentially serious was amiss with the preloading operation. However, far from paying heed to those tell-tale signs, the Master did not seek to dump ballast and level the Rig at 0200 hours on 9 January 2006.

On 22 July 2010 Segen applied for an Environmental Impact Assessment screening opinion in respect of the current proposal. The request enclosed 'Pre-application information' which identified the type of turbine and the proposed location. It was said that substantial justification would be provided for the proposal in the Green Belt and early consultation would take place

It is now well settled that where Parliament by express direction or by necessary implication has authorised the construction and use of an undertaking or works, that carries with it an authority to do what is authorised with immunity from any action based on nuisance.

It confers immunity against proceedings for any nuisance which can be shown (the burden of so showing being upon the appellants) to be the inevitable result of erecting a refinery upon the site�not, I repeat, the existing refinery, but any refinery�however carefully and with however great a regard for the interest of adjoining occupiers it is sited, constructed and operated.

In all such cases I think the courts should - for the purposes of discovery - treat all the persons interested as if they were partners in a single firm or departments in a single company, Each can avail himself of the privilege in aid of litigation. Each can collect information for the use of his or the other's legal adviser.

The inspector and Mr Whale's approach depends on the proposition that whilst extraction may be appropriate development in the Green Belt, the necessary prior work of exploration and appraisal never can be, and that actual extraction may involve no harm to the Green Belt while exploration and appraisal always will. The former will not require or may not require the demonstration of very special circumstances, the latter always will.

Mineral development in the definition section of the MCS includes extraction and processing and other specifically identified forms of mineral development. It does not expressly refer to exploration and appraisal, yet one word or another used in the definition must be given broad enough scope for exploration to be included within it. Were it otherwise, exploration would fall outside the scope of MC3 altogether. It is not within the same broad categories as rail depots and recycling.