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Environmental Law
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at environmental practitioners as a selection of recent interesting case law. It highlights to growing role environmental considerations are having as part of general planning and public law and the increasingly purposive approach adopted by the courts to the protection of the natural environment.

After completing the course you will:
  • Understand the importance of R (Hillingdon and others) v Secretary of State for Transport (2010) in the context of climate change litigation;
  • Understand what a site of Special Scientific Interest is and the meaning the courts have attached to the concept of ‘conservation’;
  • Understand how the Habitats Directive has been interpreted and given effect to in relation to developments in areas where there is protected wildlife that may be disturbed;
  • Be aware of effect of salami-slicing developments in order to circumvent planning restrictions and the need for EIAs;
  • Be aware of a recent string of cases where the courts have applied traditional public law principles to the interpretation of environmental law legislation;
  • Be aware of the restrictions on the grant of retrospective planning permission for EIA developments;
  • Understand some of the recent encouraging case law on the use of Protective Cost Orders.
Specialist Difficulty: 5 of 5
Case Update
Sources and References:
  • R (on the application of Birch) v Barnsley MBC [2009] EWHC 3561 (Admin);
  • Garner v Elmbridge BC [2010] EWCA Civ 1006;
  • Ardagh Glass Ltd v Chester City Council & Ors [2010] EWCA Civ 172;
  • Chetwynd v South Norfolk District Council [2010] EWHC 1070 (Admin);
  • R (Mellor) v Secretary of State for Communities and Local Government [2009] EWCA Civ 1201;
  • R (on the application of the Friends of Hethel Ltd) v South Norfolk D.C. & Another [2009] EWHC 2856 (Admin);
  • Zeb v Birmingham District Council [2009] EWHC 3597 (Admin);
  • R (on the application of Brown) v Carlisle City Council & Another’ [2010] EWCA Civ 523;
  • Mageean v Secretary of State for Communities and Local Government [2010] EWHC 2652 (Admin);
  • R (Birch) v Barnsley Metropolitan Borough Council & Eric Danforth [2010] EWCA Civ 1180;
  • R (Bath) v North Somerset Council [2008] EWHC 630;
  • R (on the application of Vivienne Morge) v Hampshire County Council [2010] EWCA Civ 608;
  • R(Akester and Melanaphy) v DEFRA and Wightlink Ltd [2010] EWHC 232 (Admin);
  • Boggis v Natural England & Waveney District Council [2008] EWHC 2954 (Admin);
  • R (Hillingdon and others) v Secretary of State for Transport [2010] EWHC 626 (admin);
  • Habitats Directive 92/43;
  • European Council Directive 85/337;
  • Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999;
  • The Conservation (Natural Habitats, &c.) Regulations 1994.

This podcast with barrister Richard Wald of 39 Essex Street looks at a series of cases which are connected to environmental and planning law. It will look at the recent climate change litigation concerning Heathrow Airport, the scope of the concept of ‘nature conservation’ and the Habitats Directive on protected populations of bats and badgers.

The podcast will also assess a number of interesting cases concerning Environmental Impact Assessments and public law principles including giving reasons, reasonableness and the right to be consulted. The podcast ends with a short discussion of costs in environmental litigation and the role of Protective Costs Orders.

Podcast added: 23/03/11

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