Environment Transport and Planning in UK Law

Leading Cases
  • Alexander Darwall v Dartmoor National Park Authority
    • Chancery Division
    • 13 January 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.

    The first Hobhouse Committee report also identified a number of recreational activities such as motoring and cycling (essentially not permitted on the Commons by virtue of byelaw 3) fishing and rock climbing (both of which do take place on Dartmoor but it is unclear whether they take place on the Commons). It is noticeable that the recreational activities identified in the report do not include camping, which the report contemplated would be regulated and even that a fee would be payable.

  • The King (on the application of Ashchurch Rural Parish Council) v Tewksbury Borough Council
    • Court of Appeal (Civil Division)
    • 07 February 2023
    Construction of a new railway bridge. Application for planning permission. Environmental impact assessment. Link road

    On a fair reading of the OR, the Planning Officer did place substantial weight on the contingent benefits that, in his assessment, would accrue from the development in Phase 1, and he invited the Committee to do the same. His overall approach was to invite the Committee to attribute substantial or significant weight to the prospective benefits of the wider development whilst directing them that they must leave out of account entirely any possible harms.

    These provisions implement article 1(1) of the Environmental Impact Assessment Directive 2011/92/EU (“the EIA Directive”). The Directive requires the effects of the “project” to be assessed; the reference in the EIA regulations to the assessment of the effects of the “proposed development” is intended to give effect to this: R (Larkfleet) v South Kesteven District Council [2015] EWCA Civ 887, [2016] Env LR 4 (“ Larkfleet”).

    “Project” is defined in art 1 of the Directive as “the execution of construction works or of other installations or schemes” and “other interventions in the natural surroundings and landscapes”. The term has to be understood “broadly, and realistically.”

    The identity of the “project” for these purposes is not necessarily circumscribed by the ambit of the specific application for planning permission which is under consideration.

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Legislation
  • The Town and Country Planning (General Permitted Development) (England) Order 2015
    • UK Non-devolved
    • January 01, 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 ... ...
  • The Conservation of Habitats and Species Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... Act 1972 in relation to the environment, and the Welsh Ministers are designated for those ... 41(4) (national policy statement under Planning Act 2008 ) ;(d) Chapter 1 of Part 6 (assessment ... in possession of, or to control,(b) to transport,(c) to sell or exchange, or(d) to offer for sale ... ...
  • The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... Communities Act 1972 in relation to measures relating to the environment, in exercise of the powers conferred by section 2(2) of that Act and ... 800 millimetres and a length of more than 40 kilometres for the transport of—(a) gas, oil or chemicals;(b) carbon dioxide streams for the purposes ... ...
  • Growth and Infrastructure Act 2013
    • UK Non-devolved
    • January 01, 2013
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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
    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...
    ... ... Union Diego Zannoni* Abstract Road transport today is responsible for almost a quarter of ... Some EU Member States are even planning to adopt more drastic measures: banning future ... , and protecting human health and the environment on the other, and then between EU and broader ... ...
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Law Firm Commentaries
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