Environment Transport and Planning in UK Law

Leading Cases
  • The King on the application of Together Against Sizewell C Ltd v Secretary of State for Energy Security and Net Zero
    • King's Bench Division (Administrative Court)
    • 22 Junio 2023
    General duty on every water undertaker in the following terms. Power station. Proposed development. Secretary of state

    4.50 The Secretary of State has considered the ExA's view [ER 7.5.7] that, even if the Proposed Development and the water supply are considered to be two separate projects, the cumulative effects associated with it should be assessed at this stage.

    4.59 The Secretary of State notes that in light of the matters identified above it is not possible for the Applicant to provide more specific details regarding the route or specification of the pipeline, or other connection, that will provide the Proposed Development with a connection to the water main or water supply at this stage, and notes that such a pipeline or alternative connection does not form part of the Application.

    4.60 The policy set out in NPS EN-1 is clear that a decision-maker should work on the assumption that relevant environmental regulatory regimes, including the abstraction licencing regime regulating activities that take water from the water environment, will be properly applied and enforced by the relevant regulator, and that a decision-maker should not seek to duplicate these regimes.

    4.61 The Secretary of State notes the concerns raised by IPs regarding the prospect of a permanent desalination plant. The Secretary of State agrees with the Applicant that further detailed assessment of the impacts associated with a permanent desalination plant would be required if the Applicant were ultimately to pursue this option as part of its water supply strategy which is not the current intention.

    4.65 In relation to the Habitats Regulations, the Secretary of State does not agree with Natural England that the source of any permanent water supply is, in itself, integral to the application. There will need to be a permanent water supply solution and the Secretary of State is satisfied that such a solution can be found before the first reactor is commissioned. However, the Secretary of State does not consider that the source of that supply is an integral part of this application.

  • Alexander Darwall v Dartmoor National Park Authority
    • Chancery Division
    • 13 Enero 2023
    Right of access. Law of property act. Land without the consent of the landowner. National park. Wild camp

    The third aspect of the context was the reports and debates which led to the 1949 Act. Two reports of committees under the chairmanship of Sir Arthur Hobhouse were described by the responsible minister Lewis Silkin MP as having had a “very great influence” on the proposed measures which became the 1949 Act and said the Government had “accepted them as to some 90 per cent”.

    At that time in 1980 (and 1984), there were evidently some authorised camp and caravan sites, as well as unauthorised sites set up by certain landowners and it is clear from the submissions and evidence put forward by DNPA (or its predecessor) in promoting the 1980 Bill, that the mischief which it was seeking to address was, amongst other things, such unauthorised or unregulated sites and the pressure and harm they caused, which needed to be regulated and controlled.

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Legislation
  • Planning (Wales) Act 2015
    • Wales
    • 1 de Enero de 2015
    ... ... 3 of the Marine and Coastal Access Act 2009, and(b) the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006.(6) ... 58(2)(b)(4)(b) ... Natural Environment and Rural Communities Act 2006 (c. 16) ... (28) ... ...
  • The Town and Country Planning (Development Management Procedure) (England) Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 1 was amended by section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25), Paragraph 7 of Schedule 1 was substituted by paragraphs ... area of the local planning authority, the Secretary of State for Transport;(g) a strategic highways company any part of whose area is in or adjoins ... ...
  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... of aircraft,(d) one used by aircraft engaged in the public transport of passengers or cargo or in aerial work, or(e) one identified to the ... 1 of the Transport Act 2000 (air traffic services) ;(d) the Environment Agency ;(e) any water undertaker;(f) any gas transporter; and(g) any ... ...
  • Growth and Infrastructure Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... 1: Option to make planning application directly to Secretary of State ... review under Schedule 14 to the Environment Act 1995 of the mineral permissions relating to a ... allotment) , or(e) section 12 of the Transport and Works Act 1992 (order authorising compulsory ... ...
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Books & Journal Articles
  • Semantic transportation planning for food products supply chain ecosystem within difficult geographic zones
    • No. 117-9, October 2017
    • Industrial Management & Data Systems
    • 2064-2084
    Purpose: In difficult geographical zones (mountain, intra-cities areas, etc.), many shippers, from small and medium enterprises to individuals, may demand delivery of different food products (fresh...
    ... ... by shippers and carriers, dedicated to the schedule of food transport orders.Design/methodology/approach –This transportation planning system named Interoperable-Pathfinder,Order, Vehicle, Environment and Supervisor (I-POVES) is an interoperable multi-agent system, based on ... ...
  • Integrating transport systems in supply chain management software tools
    • No. 103-7, October 2003
    • Industrial Management & Data Systems
    • 503-515
    Logistic strategies represent a key factor to increase supply chain (SC) effectiveness, as the optimization of logistics networks enables transport and storage costs reduction as well as quick resp...
    ... ... pointlesswithout the accompaniment of appropriatetransportation planning and execution (Fox,1992).Moreover, in recent years the scope of SCMhas ... , the peculiar nature of data treatedin the logistics environment needs also to becorrectly addressed. SCM, in fact, involvesthe analysis ... ...
  • R v Secretary of State for the Environment, Transport and the Regions ex parte Holding and Barnes plc and others
    • No. 9-3, March 2001
    • Journal of Financial Regulation and Compliance
    • 275-278
    Although the facts giving rise to this decision concerned planning control and planning law the decision is of relevance to the debate about the applicability of the Human Rights Act 1998 to the va...
    ... ... of Northumbria, Newcastle upon Tyne joanna@alwinton.fsnet.co.uk BACKGROUND Although the facts giving rise to this deci-sion concerned planning control and plan-ning law the decision is of relevance to the debate about the applicability of the Human Rights Act 1998 to the various regulatory ... ...
  • Balancing market needs and environmental protection: Vehicle approval in the European Union
    • No. 25-4, August 2018
    • Maastricht Journal of European and Comparative Law
    • 0000
    Road transport today is responsible for almost a quarter of Europe’s greenhouse gas emissions, and poses a set of challenges. Traditional regulatory instruments, adopted by the European Union to re...
    ... ... UnionDiego Zannoni*AbstractRoad transport today is responsible for almost a quarter of ... Some EU Member States are even planning to adopt more drastic measures: banning future ... , rather than simply protecting the environment. Only through the Single European Act wasthe ... ...
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Law Firm Commentaries
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