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.

  • Bushell v Secretary of State for the Environment
    • House of Lords
    • 07 Feb 1980

    What is fair procedure is to be judged not in the light of constitutional fictions as to the relationship between the Minister and the other servants of the Crown who serve in the Government Department of which he is the head, but in the light of the practical realities as to the way in which administrative decisions involving forming judgments based on technical considerations are reached.

  • 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.

  • Manchester, Lord Mayor, Aldermen and Citizens of the City of v Farnworth
    • House of Lords
    • 28 Nov 1929

    When Parliament has authorised a certain thing to be made or done in a certain place, there can be no action for nuisance caused, by the making or doing of that thing if the nuisance is the inevitable result of the making or doing so authorised.

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Legislation
  • Secretary of State for the Environment, Transport and the Regions Order 1997
    • UK Non-devolved
    • 1 de Enero de 1997
    ......1976, S.I. 1976/1775, Art.6(1), Sched.3, para.8. . ( d ) s.28 was amended by the Planning (Consequential Provisions) Act 1990. (c.11), s.4, Sched.2, para.25. . ( e ) s.51(3) was repealed, in part, by the Telecommunications Act 1984. ......
  • Cities and Local Government Devolution Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... to make provision about, sub-national transport bodies; and for connected purposes. . [28th ... . . (b) the social and environmental impacts in connection with the implementation of ...(a) the London Fire and Emergency Planning Authority;. . . (b) a sub-national transport ......
  • Planning (Wales) Act 2015
    • Wales
    • 1 de Enero de 2015
    ...... use of land contribute to improving the economic, social, environmental and cultural well-being of Wales. . (3) In complying with subsection ... . . (b) the Wales Transport Strategy published under section 2 of the Transport (Wales) Act 2006. . ......
  • The Conservation of Habitats and Species Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... Act 1972 2 in relation to the environment, and the Welsh Ministers are designated 3 for ... 41(4) (national policy statement under Planning Act 2008 8 ); . (d) (d) Chapter 1 of Part 6 ... (b) (b) to transport, . (c) (c) to sell or exchange, or . (d) (d) to ......
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Books & Journal Articles
  • Semantic transportation planning for food products supply chain ecosystem within difficult geographic zones
    • Núm. 117-9, Octubre 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...
    ......Taking into account the perishability constraints (short-shelflife, temperature lim its, etc.) of the transported food products and environmental constraints (pollution, carbon impact) while consolidating multiple kinds of food products to use vehicles optimally is not achieved by current ......
  • Integrating transport systems in supply chain management software tools
    • Núm. 103-7, Octubre 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...
    ......Introduction Supply chain management (SCM) involves planning and management of material, information and financial flows in a network ... information system technology, included in the simulation environment in order to manage related geographical data (i.e. warehouse location, ......
  • R v Secretary of State for the Environment, Transport and the Regions ex parte Holding and Barnes plc and others
    • Núm. 9-3, Marzo 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...
  • European spatial governance – towards a sectoralisation of spatial planning
    • Núm. 10-2, Julio 2018
    • Journal of Property, Planning and Environmental Law
    • 126-139
    Purpose: European spatial governance underwent substantial changes over the past two decades with the expansion of European territorial cooperation programmes, the introduction of new instruments f...
    ...... paper then pr esents three explorative case studies: the Com mon Transport policy as one European Union (EU) sector policy, a cross-border co ... Accepted9 May 2018 Journalof Property, Planning and EnvironmentalLaw Vol.10 No. 2, 2018 pp. 126-139 © Emerald Publishing Limited 2514-9407 DOI ......
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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 ......
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