Wildfish Conservation, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2023] EWHC 2285 (Admin).
In this judgment, Mr Justice Holgate addressed a challenge brought by the Marine Conservation Society (MCS), Richard Haward’s Oysters and Hugo Tagholm against the Government’s Storm Overflow Discharge Reduction Plan (the Plan). The claimants pursued three grounds to trial. One of the original four grounds of challenge was that the Plan was irrational.
However, this ground of challenge was withdrawn following the government’s decision to consult the public on both the extension of the Plan to coastal and estuarine waters, and the development of an appropriate ecological standard for coastal and estuarine waters. The consultation reviewed expanding the Storm Overflows Discharge Reduction Plan to include all English estuarine and coastal waters. In September 2023, the UK Government responded to the public consultation by announcing that all storm overflows in England will now be included in the Plan, including all coastal waters and estuaries.
The legal challenge has received extensive press coverage. See: BBC News, The Times
Hudson v Royal Borough of Windsor and Maidenhead and Legoland (2019) EWHC 3505 (Admin)
Judicial Review challenge on behalf of the Campaign to Protect Rural England, to the decision of the Royal Borough of Windsor and Maidenhead to grant Legoland planning permission for the construction of a holiday village and other works at its Legoland Windsor site. The claimant complained about the impact of the development on veteran trees within the site and the inadequacy of the proposed buffer zone between the site and the adjacent Windsor Forest and Great Park Site of Special Scientific Interest and Special Area of Conservation, and the council’s failure to undertake an appropriate assessment. Court of Appeal upheld Lang J’s decision, although it concluded that the protective buffer zone between the site and the adjacent Windsor Forest and Great Park Site was wider than Lang J had assumed.
M4 Corridor (Relief Road) Around Newport Inquiry
Irena Sabic KC and Grace Brown were instructed in Inquiry through the Environmental Law Foundation by several organisations including the Wildlife Trust, Gwent Wildlife Trust and Campaign for Protection of Rural Wales. This concerned a scheme with an estimated cost of £1 billion; see here, which resulted in the plans of the Welsh Government to build the road being rejected.
Carolyn Brown v London Borough of Ealing and Queen’s Park Rangers [2018] EWCA Civ 556
Challenge to Council’s decision to grant Queen’s Park Rangers planning permission to redevelop the 61-acre Warren Farm site in the Metropolitan Open Land (MOL) for mixed-use as a training facility for the football team and community open space/sports facilities. The appeal concerned the meaning of the term “very special circumstances” but also had a very important environmental angle, namely the application of the London Plan’s policies on the development of protected open spaces within the MOL.
