Literally whatever is around us is our environment. Environmental law is engaged whenever we or someone else affects the quality of our environment. We often need to get permission to change our environment ourselves, or want to stop someone else changing it in a way which affects us. It covers a whole raft of different types of issues, on which we will readily advise parties who want environmental change as those who oppose it, for example:-
Individuals who have been adversely affected by environmental pollution or damage: human rights legislation and cases may be involved.
Examples of this type of claim are pollution of wells and mains water supplies: larger claims can involve whole businesses knocked out by pollution.
This involves assisting businesses which have environmental impacts to obtain the appropriate licences, and minimise their impact on the environment, and where appropriate reduce environmental costs, and defend them against unjustified environmental enforcement.
In this role we advise and draft for applicants for planning permission, whether building projects or wind-farms, addressing environmental issues. We can help developers to ensure that their projects do not fall foul of nature conservation objections or drainage embargoes, and comply with the law relating to environmental impact assessment and other environmental legislation.
Clients may be objectors to major infrastructure development e.g. Ash Moor, Croyde STW, Sidmouth STW, Lynmouth STW, Vyse Quarry, Deep Moor extension, or to comparatively small developments which require environmental licences. Clients may be a significant business, a local protest group, or an individual.
We acted for South Wales Sea Fisheries Committee’s judicial review of National Assembly of Wales in the first quashing of legislation by the Assembly - a Variation Order under Sea Fisheries Regulation Act 1966. We also acted in SWW’s judicial review of Falmouth and Truro PHA which established important principles of statutory nuisance law, and for private individuals in challenges to major infrastructure projects. DEFRA revoked an environmental licence for Vyse quarry following an application by Toller Beattie for clients.
It is almost inevitably the case that a specialist environmental law unit can give quicker, more comprehensive and more cost-effective advice that non-specialists. Environmental law in the UK consists of a vast array of material all of which will be relevant to some clients, and it is changing all the time. It is only by maintaining up-to-date reference materials and sources as well as a high level of expertise that a satisfactory environmental law service can be provided.
For further information please contact Jon Dunkley.