Agricultural Pollution in UK Law

Leading Cases
  • R (on the application of HS2 Action Alliance Ltd) v The Secretary of State for Transport and another
    • Supreme Court
    • 22 janvier 2014

    One is looking for something which does not simply define the project, or describe its merits, but which sets the criteria by which it is to be determined by the authority responsible for approving it. The purpose is to ensure that the decision on development consent is not constrained by earlier plans which have not themselves been assessed for likely significant environmental effects.

    In relation to an ordinary planning proposal, the development plan is an obvious example of such a plan or programme. Even if as in the UK it is not prescriptive, it nonetheless defines the criteria by which the application is to be determined, and thus sets the framework for the grant of consent. However, no one would for that reason regard the application as a plan or programme falling within the definition.

    If, instead of "required", one must read the word "regulated", the question arises what it means. Is it sufficient that legislative, regulatory or administrative provisions grant powers to some authority wide enough to permit a plan or programme to be prepared? Or must such provisions actually refer to a possibility that such a plan or programme will be prepared? Or must they specify points and/or conditions that such a plan or programme, if prepared, must address and/or fulfil?

  • Buckinghamshire County Council and Others and Others v Secretary of State for Transport High Speed Two Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 15 mars 2013

    The very concept of a framework, rules, criteria or policy, which guide the outcome of an application for development consent, as a plan which requires SEA even before development project EIA, presupposes that the plan will have an effect on the approach which has to be considered at the development consent stage, and that that effect will be more than merely persuasive by its quality and detail, but guiding and telling because of its stated role in the hierarchy of relevant considerations.

    The sifting process whereby a plan is arrived at does not require public consultation at each sift. This whole process has been set out in considerable detail in the many published documents for those who wished to pursue it, but it did not all have to be in an SEA.

  • R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government and another
    • Queen's Bench Division (Administrative Court)
    • 07 février 2011

    I am writing to you today to highlight our commitment in the coalition agreements where we very clearly set out our intention to rapidly abolish Regional Strategies and return decision making powers on housing and planning to local councils. Consequently, decisions on housing supply (including the provision of travellers’ sites) will rest with Local Planning Authorities without the framework of regional numbers and plans.

  • R and Others v Northumberland County Council Ivor Gaston (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 06 décembre 2013

    Thus I accept that the test under paragraph 55 of NPPF is different from the test under Annex A, paragraph 12(iii) of PPS7. In particular I do not accept Mr Harwood QC's submission that the NPPF requires that the proposal is economically viable. As Mr White QC points out this is a temporary permission lasting for only 3 years. The NPPF test simply requires a judgment of whether the proposed agricultural enterprise has an essential need for a worker to be there or near there.

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Books & Journal Articles
  • Global Water Issues Confronting Humanity
    • Num. 27-2, May 1990
    • Journal of Peace Research
    Water's central role in the biosphere implies that several of the large issues confronting humanity are in fact related to water: pollution, desertification, water scarcity-related conflicts, water...
  • Review: Misplaced Distrust
    • Num. 59-2, June 2004
    • International Journal
    ...... and the environment, this means tar- geting agricultural pollution, requiring changes in farmers' behaviour, addressing a ......
  • Environmental area conservation through urban planning: case study in Dhaka
    • Num. 12-1, January 2020
    • Journal of Property, Planning and Environmental Law
    • 55-71
    Purpose: There are some environmentally critical areas (ECAs) in cities such as flood flow areas, agricultural land, canals, rivers, water bodies, forests and hills that need to be conserved from l...
    ...... critical areas (ECAs) in cities such as flood flow areas,agricultural land, canals, rivers, water bodies, forests and hills that need to be ... as loss of biodiversity and ecosystem, waterlogging, flooding, pollution, reduction ofvegetation,groundwater depletion, temperature increaseand a ......
  • Book Review: Environment and Enforcement. Regulation and the Social Definition of Pollution
    • Num. 18-1, March 1985
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    ...... Water Quality Issues Department of Resources and Energy.) Clearly, pollution of water from contemporary agricultural, industrial and other activities is a significant factor requiring the attention of government authorities. Keith Hawkins' latest ......
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Law Firm Commentaries
  • Air Pollution: Don't You Know That I'm Toxic?
    • Mondaq UK
    ...... and 16 per cent of PM10 emissions.14 Moreover, the issue is much larger and extends to emissions produced by offices, factories and agricultural sites. However, the data underlying the impact of these on the capital are in short supply, largely due to the emphasis given to the contribution ......
  • UK Food Safety Publication Turns to GM Food Debate
    • LexBlog United Kingdom
    Bite, the quarterly magazine of the UK’s Food Standards Agency (FSA), is stirring the genetically modified (GM) foods debate by dedicating its entire, just-released 32-page issue to the subject.   ...
    ...... is heading towards genetic contamination by GM crops, loss of agricultural genetic diversity and the degradation of pollution of soils and water,” ......
  • A Guide To Environmental Regulation In Dubai And The Wider
    • Mondaq United Kingdom
    ...... and natural balance of the environment; to control all forms of pollution and avoid harmful immediate or long term adverse effect resulting from nomic, agricultural, industrial, development programs aiming at improving standards of living; ......
  • Disposing Of Agricultural Waste – A Burning Issue
    • Mondaq UK
    ...... be able to continue to burn any agricultural waste under this exception, provided it does not cause any detriment to human health or cause pollution, farmers must obtain an exemption from SEPA. This can be applied for online for free, or by completing a paper form, and SEPA has warned it will take ......
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