Environmental Law

By: Abdul, Adenike, Chloe and Zofia

What is environmental law?

Environmental law and relation to planning and pollution control Environmental law is concerned with law surrounding protecting the environment and care about businesses which works with environment.

Environmental law deals with attitude to the environment • deal with environmental problems • method to achieve a balance between human and nature satisfy

The first department of environment was established in India in 1980 with aim to achieve healthy environment for the country.

All the rules for the environmental law are describe in Environmental Protection Act Law related to environmental law are: • General law • Forest and wildlife • Water • Air

Acts Indian forest Act, 1927 - previous act from year 1878

- - one of the many surviving colonial statutes and is law transit to forest produce

Merchant shipping Act, 1970 - is relating to merchant shipping - deal with arising from ships along the coastal areas

The air Act ( prevention and control of pollution ), 1981 – control of air pollution, cars which generating power to drive by burning fuel

Statutory Controls Statutory controls – laws with specific subject - set down by legislature - under control of the constitutional laws of the land Legislator – is a person who writes and passes laws and is member of legislature legislator - is usually politic, usually vote by the people - legislature can be: 1. supra-national → the European parliament 2. national → UK parliament 3. regional → National Assembly of Wales 4. local → local authorities

Provision made under the town and country planning (Environment Impact Assessment) (England and Wales) Regulation 1999

Tree preservation order What is it?

A tree preservation act is or commonly known as a TPO is an order made by the Council in respect of trees . Tree’s are considered to bring amenity value to the surrounding area. TPOs can prevent trees from felling, prune, topping, uprooting or otherwise wilful damaging of trees without the permission of the local planning authority .

Tree preservation orders came in to act in the town and country planning act 1947 making the tree preservation order well over 60 years and still valid.

The current tree preservation order is under the town and planning act of 1990 and the Town and Country Planning (Tree Preservation) (England) Regulations 2012

Punishment and fines  The courts have powers to fine anyone contravening a Tree Preservation Order

 The maximum fine is £20,000 for destroying a tree

 There is a £2,500 for anyone who does not completely destroy a tree but has carried out some other works without consent

 You may have to plant another tree if the tree was cut down or destroyed

Pictorial evidence for TPO

Application for pruning

Cases involving TPO Wyre Council vs. Phillip lambert

Smith vs. Oliver

 Water pollution is extremely important. This is when water has been effected by various types of things like chemical waste that has not been disposed properly.  75% of the Earth is covered with water  There is one way that water pollution could be treated called a septic tank. The tank treats the sewage at the place where it is located, rather than transporting the waste through a treatment plant or sewage system  Only 27% of our open waters in the UK ( Lakes and rivers) are classified as being of a ‘good status’ Improving water qualities in UK rivers and lakes has many benefits 1 example is: •

Protecting jobs which rely on good quality water

• One case is the NRA v Alfred McAlpine Homes East Ltd [ 1994] case

Environmental Protection Act 1990 The EPA is a fundamental structure for waste management and control of emissions into the environment.  • • • • •

The Act covers on a lot of areas that include Integrated Pollution Control and Air Pollution Control by Local Authorities Waste on Land Contaminated Land Statutory Nuisances and Clean Air Litter and many more

 Contaminated Land • significant harm is being caused or there is a possibility of such harm being caused • pollution of controlled waters is being, or is likely to be, caused

Water Resources Act 1991 This is an act the regulates water resource, quality of water, pollution and flood defence • There is also a part 2 and 3 of this act which helps covers  Water resource management  Control of water pollution  If that person is guilty of the offence and liable the penalties of not obeying this act is conviction to imprisonment or a fine of up to £10,000  A case that involves this is act is the Bartoline v RSA case

Who is liable?

Construction industries

Near by ships

Factories that deal with chemicals

Power plants

You

What is an EIA?

What is environmental information or statement Environmental Information is rights of public access to environmental information held by public authorities. This is part of a series of guidance notes to help public authorities understand their obligations and to promote good practice.

• A principal purpose of the Directive is to provide access to information about our environment.

• It is important for public authorities to identify environmental information correctly in order to deal with information requests

Environmental impact assessment  Environmental Impact Assessment is a formal process used to predict the environmental consequence  Positive or negative whatever the outcome  It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts

Who provides the statement The Directive is mainly implemented in UK legislation through the Town and Country Planning act Here are some public bodies who serve as consultation bodies for the purpose of the regulations.

• Natural England • Environment Agency • Marine Management Organisation

Schedule 1

Developments of any type listed in Schedule 1 will always requires EIA (environmental impact assessment)

Schedule 2 The difference in Schedule 2 is that it a requires EIA if it is likely to have significant effects on the environment by virtue of factors such as.

With the EIA regulations they define two types of schedules of the development  Schedule 1 – Schedule projects must always be carried out with an EIA these include: • Major power plants • Chemical Works • Waste disposal incineration • • • •

Schedule 2- Where the area of floor space exceeds 1,000 square per meter Holiday villages Brewing Some textiles operations

In conclusion they are categorized if only the development has a significant impact on the environment

A list of environmental concerns:  Strategic Environmental Assessment stages  Assessing effects on the landscape  Development Issues  Addressing Potential Liabilities  Disposals  Gathering the Relevant Information on Acquisition - Due Diligence

How does the EIA affect the construction industry?  Can cause significant delays  Additional costs  Limited on the land they use  road and rail network affects the environment in primarily two ways – by overriding resources and by producing contaminants and throw away

Environmental Statement Requirement The Environmental statement is submitted with the planning application. Statutory consulters must be notified and there are increased publicity requirements. The determination period for planning application is extended to sixteen weeks. Any grant of planning permission that does not take account of the environmental information is invalid.

Stages of an EIA 1. Screening 2. Scoping 3. Prepare an Environmental Statement 4. Making a planning application and consultation 5. Decision making

Cases on EIA Berkeley v Secretary of state for the Environment 2000 Duty to consider material change of circumstance -Mageean v SSCLG 2010 Failure to give reasons for conclusion on whether there are environmental impacts – Bateman v South Cambridge DC 2011 Failure to follow proper procedure – Birch v Barnsley MBC and English v East Staffordshire BC 2010 Accuracy and sufficiency of information – friends of Basildon Golf Course v Basildon District Council 2010 and Cooperative Group limited v Northumberland Country Council 2010

What is a LPA? Planning application have to be decided in line with the relevant local planning authority’s (LPA).

National planning polices, such as planning policy statements, minerals policy statements and circulars are material considerations.

When deciding whether a planning application is in line with its development plan, the LPA will have to consider the following: • • • • •

The number, size, layout, sitting and external appearance of the building.

The infrastructure available.

Landscaping requirement.

The proposed use of the development.

The impact on the surrounding area.

Challenges in court with environmental impact First environmental challenges Occur in the first 60s year of last century caused by fast industrialization. In 1972 was environmental problem the biggest issue in this time. Organized conference UNCE 1983 World Commission on Environment and Development World Commission on Environment and Development

Environment current issue  Continues to reduce greenhouse gas emissions  By 2005 – reduced to 85%  Majority of environmental laws since 1970s  Relevant case: Rylands v Fletcher, 1868

Environmental report  Report has to be accurate and clear  Technical jargon  Information about: • carbon emissions • waste generation and recycling • energy use water use • use of transport

Environmental report under part 3  Statutory nuisance and clear air:  Water resource Act 1991  The Bristol port health authority order 2010  The Cowes port health authority order 2010  The Portsmouth port health authority order 2010  The Southampton port health authority order 2010