Environmental Impact in UK Law

Leading Cases
  • R James Kenyon v Secretary of State for Communities and Local Government
    • Queen's Bench Division (Administrative Court)
    • 18 Dic 2018

    The Defendant's written statement summarised the Defendant's assessment and conclusions, expressly referring to air quality, traffic, and cumulative impact. He concluded, in the final paragraph, that there would be an impact from an increase in traffic in the locality. He took into account, as he was entitled to do, that the Site was not in a designated area nor was it an AQMA. He concluded that the impact from the increase in traffic would not have significant environmental effects.

  • R v North Yorkshire County Council, ex parte Brown and Another
    • House of Lords
    • 11 Feb 1999

    This directive was adopted to protect the environment throughout the European Union by requiring Member States to ensure that planning decisions likely to have a significant environmental effect were taken only after a proper assessment of what those effects were likely to be. It requires that before the grant of "development consent" for specified kinds of project, Member States should ensure that an environmental impact assessment is undertaken.

    The principle in this and similar cases seems to me to be clear: the Directive does not apply to decisions which involve merely the detailed regulation of activities for which the principal consent, raising the substantial environmental issues, has already been given. But the procedure was nevertheless a new and freestanding examination of the issues and could therefore, in my opinion, require the information provided by an environmental impact assessment.

  • R (Jones) v Mansfield District Council
    • Court of Appeal (Civil Division)
    • 16 Oct 2003

    As the judge said, the uncertainties may or may not make it impossible reasonably to conclude that there is no likelihood of significant environmental effect. It is possible in principle to have sufficient information to enable a decision reasonably to be made as to the likelihood of significant environmental effects even if certain details are not known and further surveys are to be undertaken.

  • Friends of the Earth Ltd and Another v North Yorkshire County Council Third Energy Uk Gas Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 20 Dic 2016

    The application for planning permission did not include any development at Knapton. Knapton already had planning permission and it was already authorised by the Environment Agency to burn gas from existing well sites, thus generating potentially harmful emissions, including carbon dioxide. No increase in capacity at Knapton was sought as part of this proposal.

  • HRH Emere Godwin Bebe Okpabi and Others (suing on behalf of themselves and the people of Ogale Community) v (1) Royal Dutch Shell Plc
    • Court of Appeal (Civil Division)
    • 14 Feb 2018

    That, I believe, is the case because it would be surprising if a parent company were to go to the trouble of establishing a network of overseas subsidiaries with their own management structures if it intended itself to assume responsibility for the operations of each of those subsidiaries. The corporate structure itself tends to militate against the requisite proximity. That is particularly so here where RDS's subsidiary SPDC was not even the majority stakeholder in the joint venture.

  • R Lebus and Others v South Cambridgeshire District Council
    • Queen's Bench Division (Administrative Court)
    • 27 Ago 2002

    It is not appropriate for a person charged with making a screening opinion to start from the premise that although there may be significant impacts, these can be reduced to insignificance as a result of the implementation of conditions of various kinds. The appropriate course in such a case is to require an environmental statement setting out the significant impacts and the measures which it is said will reduce their significance.

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