This chapter considers the ability of individuals to seek redress to resolve environmental disputes and the role played by the courts. First, the chapter considers the reasons why some disputes end up in the courts before focusing on the main institution of judicial redress in the form of judicial review. Focus includes discussion of likelihood of success before the courts and the usefulness of judicial review in environmental cases. Specifically, the chapter focuses on the problem encountered by litigants in respect to the exorbitant costs associated with judicial review and the attempt by the Government to address this. The chapter also briefly considers the provisions for access to justice in private law as well as before the Court of Justice for the EU before considering alternative mechanisms for compliance, including the debates surrounding the need for a special environmental court.
Chapter
10. Access to environmental justice and the role of the courts
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
Chapter
10. Access to environmental justice and the role of the courts
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter focuses on the scope of the public to challenge environmental decisions before the courts. A central focus is judicial review and the occasional reluctance of the UK courts to intervene in environmental law matters, deferring instead to administrative decision-makers. Central to this is also the rules of standing, the complex regime for costs protection (which is largely derived from the Aarhus Convention), and the general rules of public law. The chapter finishes with a discussion of alternative, non-judicial compliance bodies, including the Information Commissioner.
Chapter
12. Town and country planning
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter considers the role played by the complex planning regime in the context of environmental protection. The focus is on key characteristics and definitions of the ‘planning system’, including on what constitutes a ‘development’, when planning permission is required, what is a ‘material consideration’, as well as the plan-making process. The central role played by the courts in developing the legal controls of the planning system is also explored alongside important tools such as planning conditions.