“SCENE SETTING” RICHARD BUXTON

RICHARD BUXTON SOLICITORS

ENVIRONMENTAL PLANNING AND PUBLIC LAW

CAMBRIDGE, ENGLAND

rbuxton@richardbuxton.co.uk

Tel: +(44) 1223 328933

M: +(44) 7900 413762

Chislet housing site

Hoplands housing site

Stodmarsh nature site

Case names for reference:

Wingfield v. Canterbury City Council – (local council)

and Redrow Homes (developer of Hoplands )

and HNC Developments (developer of Chislet site)

Existing Proposed with Holocaust Memorial

Victoria Tower Gardens, Westminster, London

WHO SHOULD DECIDE?(HIGH COURT CHALLENGE BY LONDON HISTORIC PARKS AND GARDENS TRUST]

• Project with powerful political support at highest levels of government

• Normally decided by Council

• Government takes it out of Council’s hands to decide for itself

• BUT decision maker same as the proposer of the project, the SAME Secretary of State so he has appointed his deputy, the Minister, to take the decision

• We say this does not obey requirements of 2014 amendments to EIA directive requiring decision making to be carried out in an objective manner with no conflict of interest and that there should be separation between conflicting interests

• SO: a decision by the Minister does not meet the requirements of the EIA directive

LEGAL ERROR IN EACH CASE

• Court of Appeal as court of final instance (when UK part of EU) not referring to the CJEU when it should have done. Established breach of Article 6 European Convention on Human Rights.

• UK not having system as part of appeals process to ensure that errors can be corrected if incorrect decision is made by single judge considering matter as a paper application. We say also breach of Article 6. Serious problem with our appeals system (revised in 2016).

Warren Farm EalingWest London

Central London 15 km

Heathrow Airport8 km

WF

Skylark (Alauda arvensis)