Environment Transport and Planning in UK Law

Leading Cases
  • Save Britain's Heritage v Number 1 Poultry Ltd
    • House of Lords
    • 28 Feb 1991

    The single indivisible question, in my opinion, which the court must ask itself whenever a planning decision is challenged on the ground of a failure to give reasons is whether the interests of the applicant have been substantially prejudiced by the deficiency of the reasons given.

  • Tesco Stores Ltd v Secretary of State for the Environment and Others
    • House of Lords
    • 19 Oct 1995

    If there is one principle of planning law more firmly settled than any other, it is that matters of planning judgment are within the exclusive province of the local planning authority or the Secretary of State.

  • South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and another
    • House of Lords
    • 01 Jul 2004

    They must enable the reader to understand why the matter was decided as it was and what conclusions were reached on the "principal important controversial issues", disclosing how any issue of law or fact was resolved. The reasoning must not give rise to a substantial doubt as to whether the decision-maker erred in law, for example by misunderstanding some relevant policy or some other important matter or by failing to reach a rational decision on relevant grounds.

  • Edinburgh Council (City of) v Secretary of State for Scotland
    • House of Lords
    • 16 Oct 1997

    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.

  • Berkeley v Secretary of State for the Environment Transport and the Regions and Another
    • House of Lords
    • 06 Jul 2000

    Although section 288(5)(b), in providing that the court "may" quash an ultra vires planning decision, clearly confers a discretion upon the court, I doubt whether, consistently with its obligations under European law, the court may exercise that discretion to uphold a planning permission which has been granted contrary to the provisions of the Directive.

  • R (Morge) v Hampshire County Council
    • Supreme Court
    • 19 Ene 2011

    Democratically elected bodies go about their decision-making in a different way from courts. But the courts should not impose too demanding a standard upon such reports, for otherwise their whole purpose will be defeated: the councillors either will not read them or will not have a clear enough grasp of the issues to make a decision for themselves.

  • Fothergill v Monarch Airlines Ltd
    • House of Lords
    • 10 Jul 1980

    Elementary justice or, to use the concept often cited by the European Court, the need for legal certainty, demands that the rules by which the citizen is to be bound should be ascertainable by him (or, more realistically, by a competent lawyer advising him) by reference to identifiable sources that are publicly accessible.

See all results
Legislation
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
  • Two Become One
    • Mondaq UK
    ...Historically whether planning permission was required for the amalgamation of ... Council v Secretary of State for the Environment, Transport and the Regions [2000]. Richmond ......
  • EDR Systems for the Fertilizer Trade
    • Mondaq United Kingdom
    ...... of fertilizer sales, construction and transport contracts. CONTENTS. SUBJECT. WHAT IS EDR ? . ... working out of the home based office environment, the familiar back up secretarial facilities of ...disputes with neighbours over planning and the environment) etc. Mediation is not best ......
  • Further Hearing In Transport Action Network's Application For Judicial Review Of RIS2 Decision
    • Mondaq UK
    ......strategic environmental assessment, which the first judge initially. refused. It argues that the ...document rather than a planning policy document for future. development" and therefore would not fall ......
  • Planning Act Blog 187: Waste Water National Policy Statement (NPS) Published Today
    • Mondaq United Kingdom
    ...... There are due to be 12 NPSs - six on energy, three on transport and three on water and waste. The six energy NPSs were published in draft ... first one that is the responsibility of the Department for the Environment, Food and Rural Affairs (Defra). The Waste Water NPS (that's sewage to ......
See all results