The question that arose in DoT v ICO (2019) EWCA Civ 2241 was as to the application to the information in issue of the definition of “environmental information” in the Environmental Information Regulations 2004 (“the EIR”), implementing EU Directive 2003/4/EC. The case concerned information of potentially “mixed character”: some environmental material, and some not.

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The Government has introduced a 130 Clause Environment Bill, with 20 Schedules, in the context of exiting the EU.  Parts 1 and 2 relate to Environmental Governance, that had been the subject of a Draft Bill, including environmental targets, improvement plans, environmental monitoring and environmental principles, and a new Office for Environmental Protection. Part 3 relates to Waste and Resource Efficiency; Part 4 to Air Quality and Environmental Recall; Part 5 to Water; Part 6 to Nature and Biodiversity; and Part 7 to Conservation Covenants. The provisions include recycling and other obligations upon local authorities, pollution control and other powers for local authorities, and the mandating of net gain in biodiversity through the planning system.

The first instance decision in Trail Riders Fellowship v Hampshire County Council was noted in this Bulletin on 11 December 2018. An appeal has now been dismissed: (2019) EWCA Civ 1275. Sir Ross Cranston’s statement of the law was approved, save for the last part of proposition (iv). Longmore LJ said that there does have to be actual evidence that the balancing exercise required by Section 122 has been, in substance, conducted. It cannot be merely a matter of inference from the status of the decision-maker.

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The European Court Judgment in Case C-624/17, Tronex BV, concerns the concepts of “waste” and “shipment of waste”. The Court said:-

“16      Regarding the concept of ‘waste’, it should be borne in mind that Article 3(1) of Directive 2008/98 defines it as any substance or object which the holder discards or intends or is required to discard…

17      In accordance with the Court’s settled case-law, the classification of a substance or object as waste is to be inferred primarily from the holder’s actions and the meaning of the term ‘discard’… Read more »

The European Union adopted rules to counter water pollution caused by nitrates as early as 1991, namely the Waste Water Directive, which regulates the construction and operation of waste-water treatment plants in particular, and the Nitrates Directive, which concerns nitrates from agriculture. The aim of those measures is first and foremost to protect ecosystems from excess nutrient supply. However, at the same time, health risks are also associated with nitrates, particularly in very young infants. The Drinking Water Directive therefore contains a limit value of 50 mg/l for nitrates, a value which also appears in the Nitrates Directive.

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Two interesting Judgments of the CJEU on 28 March 2019: Joined Cases C-487/17 to C489/17, Verlezza v Vetreco, and Case C-60/18, Tallina v Keskkonnaamet. The former is concerned with the classification of hazardous waste in circumstances where the waste may be assigned codes for both hazardous and non-hazardous waste. The latter is concerned with re-use and recovery of waste.

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McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.

A taxi is defined by Section 173(1)(a) to be a vehicle which is licensed under Section 37 of the Town Police Clauses Act 1847 or Section 6 of the Metropolitan Public Carriage Act 1869 (“the 1869 Act”). In simple terms, it means a vehicle plying for hire. Read more »

Section 50 of the New Roads Street Works Act 1991 provides a power for a street or highway authority to grant a licence, subject to Schedule 3 conditions, to permit a person to undertake street works. The power has been considered by Dove J in Calor Gas Ltd v Norfolk County Council (2019) EWHC 308 (Admin). The claimant’s case proceeded, firstly, on the basis that the policy operated by the Council in relation to Section 50 licences was contrary to the statutory scheme. Dove J said:-

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Trail Riders Fellowship v Hampshire County Council (2018) EWHC 3390 (Admin) was a statutory challenge to the decision of the Council to make a local traffic regulation order made under Section 1 of the Road Traffic Regulation Act 1984 (“the 1984 Act”). The Order prohibits the use of three linked rural “green lanes” in Hampshire by motor vehicles and motor cycles. Together these lanes form a through-route joining tarmacked public vehicular highways at their three termini. They are unclassified roads.

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The successful appeal to the Supreme Court in Southwark LBC v Transport for London, in which Judgment was given on 5 December 2018, concerned the effect of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000 (SI 2000/1552) (“the Transfer Order”) and the GLA Roads Designation Order 2000 (SI 2000/1117) (“the Designation Order”). By combined operation of those Orders, responsibility for Greater London Authority (“GLA”) roads was transferred from individual London borough councils, including the Respondents (“the Councils”) as local highway authorities, to the Appellant (“TfL”). The provision at the heart of the appeal was Article 2(1)(a) of the Transfer Order, which provides for the transfer of “the highway, in so far as it is vested in the former highway authority”. Read more »