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ELF was approached by a client concerned about the decision of a Planning Inspector granting outline planning permission for a housing development on an area of green space between flats in London. The client was particularly worried that incorrect information regarding trees subject to Tree Preservation Orders had been given in the application. ELF Plus provided initial advice and consulted an ELF barrister about the possibility of a statutory review challenge to the Inspector’s decision. The barrister advised that there may be grounds to challenge the decision on the basis that the Inspector failed to take into account relevant matters. In addition, an application was justified on the basis that the Inspector had misapplied a policy of the UDP regarding loss of open space.
In light of this advice, the case was referred on to another ELF solicitor to take forward. His view was that there had also been a failure to consider the need for an Environmental Impact Assessment. Unfortunately, the costs implications of losing a case were too great for the client to proceed with a challenge. However, ELF Plus forwarded details about the case to the Coalition for Access to Justice for the Environment (of which ELF is a member) for inclusion in its complaint to the European Commission about the failure of UK law to comply with the requirements of the Public Participation Directive. The client’s MP has also taken up his case.
A residents association asked ELF for help in opposing an application for planning permission for four houses to be built on land forming part of the back gardens of a number of properties. The association had recorded sightings of bats, slow worms and stag beetles on the land. An earlier application had been refused on appeal as the Inspector had considered that there was a reasonable likelihood of bats being present in and around the site. He agreed with residents that an ecological survey should take place to ascertain to what extent the bats were present and how they could be affected by the proposed development. The association was anxious to ensure that the ecological survey submitted by the applicants in its appeal against the refusal of the second application was adequate.
ELF Plus advised on guidance about ecological surveys and the protection provided to certain species by legislation which assisted the association in opposing the appeal. The Inspector’s decision is awaited. The association was also contacted by Channel 4 seeking to expose problems with development in backyards.
Residents in Seaton were incensed with council plans for re-generating the town centre. They felt the views of the community were being ignored and there were environmental implications of the plans which included raising a floodplain by two metres with soil from local marsh land. The development proposes the building of a massive supermarket along with a car park on an “artificial island” that will destroy the flora and fauna of the floodplain. James and Sandra Semple, founders of the campaign group ‘Stand Up for Seaton’, were helped by ELF solicitor Charlie Hopkins of EarthRights Solicitors, and meeting with him helped give the group’s objections a legal footing. The case is ongoing and Charlie Hopkins in continuing to help.
“We couldn’t have done it without ELF”, Mr and Mrs James and Sandra Semple
Mr B Hills contacted ELF seeking advice about a neighbouring chicken factory causing strong odours and leaving a residue of waste over the local area. We referred him to ELF solicitor Paul Stookes of Richard Buxton Environmental and Public Law, who advised on whether to file his claim in statutory nuisance or private nuisance. While Mr Hills’s first application for funding was refused by the Legal Services Commission, he is hopeful the re-application will be successful.
Susan Pollard, contacted ELF about Norfolk County Council’s policy of incinerator development. The Council’s Best Possible Environmental Option had been withdrawn but it was not clear if its incinerator policy was being continued. ELF solicitor Michael Jones of Able, Bishop, and Co. provided advice detailing where her case stood.
Tintagel Against Insufficient Sewage Treatment (TAIST) were unhappy with proposals by South West Water (SWW) for a Primary Sewage Treatment plant and sought help for a Public Enquiry. ELF technical consultant Peter Bennett of Restorative Health carried out a noise survey which brought South West Water's tests into question and assisted TAIST with the preparation of noise proofs of evidence.
Steven Prescott, chairman of a residents association was helped by ELF solicitor David Hainsworth. He provided invaluable assistance for the campaign, successfully opposing a planning application to build a fully enclosed football ground with flood lit car park on designated greenbelt land.
“It is comforting to know that organisations like yours exist to support the public in the fight to protect our green belt from unnecessary development.” Mr Steven Prescott
Mr Tim Mackintosh contacted ELF with the worry that an oil tank situated in close proximity to the Arnside and Silverdale Area of Outstanding Natural Beauty might not meet statutory requirements. An aerial photograph provided by Mr Mackintosh showed that any spillage would pass quickly into a nearby bird reserve. ELF solicitor Simon Carter of Aaron & Partners Solicitors was able to assist Mr Mackintosh to monitor the situation more closely.
“The situation is not resolved but I am still in contact with Mr Carter. The ELF service has been extremely useful.”Mr Tim Mackintosh
Leila Kiersch, on behalf of Save Our Sea (SOS), contacted ELF in response to the announcement by the Department of Trade and Industry that applications for offshore oil and gas licences had been issued for Cardigan Bay. The Bay is partly designated as a Special Area of Conservation and, as well as seeking to protect the vast wildlife that use these waters, SOS believes that the granting of such licenses does not fit with the government’s own climate change objectives. Ms Kiersch was referred to ELF solicitor, Neil Stockdale of Hugh James Solicitors, who advised on the legal options open to the group. SOS recently learned that the DTI had delayed its current licensing round and the group has sent a petition to Parliament in the hope of the continued preservation of Cardigan Bay.
Greenhithe Pier Company approached ELF for assistance regarding a proposed regeneration project to bring a derelict concrete barge back into community use. There were a number of planning issues involved, including a proposal to create a pier from the barge. Advice was also sought as to whether the group could force the Environment Agency to reinstate steps, historically used by the public, to access the barge. ELF solicitor Catherine Davey of Stevens & Bolton assisted the group with the various planning issues.
“Perfect marriage between client and counsel”, Mr Tim Carrington, Director of Greenhithe Pier Company