"… A distinction must be drawn between (1) formal policy statements which are made expressly, or are by necessary implication, material to the resolution of the relevant questions, (2) other informal or draft policies which may contain relevant guidance, but have no special statutory or quasi-statutory status. Even though the planning Acts impose no specific requirement on local planning authorities to take account of Government policy guidance, it is well established that it should be treated, so far as relevant, as a material consideration (see Gransden v. Secretary of State, ex parte Richmond L.B.C. [1996] 1 W.L.R. 1460, 1472). Given the Secretary of State's general regulatory and appellate jurisdiction under the Acts, his policies, and those of the Government of which he forms part, they can no doubt be regarded as "obviously material" within the Findlay tests. The same can be said of his policies in respect of the Environment Protection legislation …"
"… What has to be emphasised is that it is only when the statute expressly or impliedly identifies considerations required to be taken into account by the authority as a matter of legal obligation that the Court holds a decision invalid on the ground now invoked. It is not enough that a consideration is one that may properly be taken unto account, or even that it is one which many people, including the Court itself, would have taken into account if they had to make a decision." and "… There will be some matters so obviously material to a decision on a particular project that anything short of direct consideration by the ministers … would not be in accordance with the intention of the Act." "… A distinction must be drawn between (1) formal policy statements which are made expressly, or are by necessary implication, material to the resolution of the relevant questions, (2) other informal or draft policies which may contain relevant guidance, but have no special statutory or quasi-statutory status. Even though the planning Acts impose no specific requirement on local planning authorities to take account of Government policy guidance, it is well established that it should be treated, so far as relevant, as a material consideration (see Gransden v. Secretary of State, ex parte Richmond L.B.C. [1996] 1 W.L.R. 1460, 1472). Given the Secretary of State's general regulatory and appellate jurisdiction under the Acts, his policies, and those of the Government of which he forms part, they can no doubt be regarded as "obviously material" within the Findlay tests. The same can be said of his policies in respect of the Environment Protection legislation …" "… What has to be emphasised is that it is only when the statute expressly or impliedly identifies considerations required to be taken into account by the authority as a matter of legal obligation that the Court holds a decision invalid on the ground now invoked. It is not enough that a consideration is one that may properly be taken unto account, or even that it is one which many people, including the Court itself, would have taken into account if they had to make a decision." "… There will be some matters so obviously material to a decision on a particular project that anything short of direct consideration by the ministers … would not be in accordance with the intention of the Act."
“30. … there was no misdirection. The inspector was not saying that the emissions were irrelevant to the planning decision, but was simply following the well-established principle, approved by this court in Gateshead MBC v Secretary of State (1971) 71 P. & C.R. 350 (citing the then current policy guidance, which is reflected in similar guidance today) that: “It is not the job of the planning system to duplicate controls which are the statutory responsibility of other bodies… Nor should planning authorities substitute their own judgment on pollution control issues for that of the bodies with the relevant expertise and the responsibility for statutory control over those matters.” … 34. … He observed correctly that the control of such emissions in this case was a matter for the Environment Agency. Although the overall planning judgment was one for the Secretary of State, he was entitled to be guided on this issue by the agreed position of the two specialist agencies. That was entirely consistent with the familiar approach approved in cases such as Gateshead. Mr Wolfe was right not to put this point at the forefront of his case. 38. By the same token, in so far as the possibility of harm to those interests arose from stack emissions, he was entitled – in either capacity – to be guided by the expertise of the relevant specialist agencies, the Environment Agency and Natural England. It would be only if their guidance was shown to be flawed in some material way that his own decision, relying on that guidance, would become open to challenge for the same reason.” “It is not the job of the planning system to duplicate controls which are the statutory responsibility of other bodies… Nor should planning authorities substitute their own judgment on pollution control issues for that of the bodies with the relevant expertise and the responsibility for statutory control over those matters.”
"It is for the authority to judge whether a development would be likely to have significant effects. The authority must make an informed judgment, on the basis of the information available to it and having regard to any gaps in that information and to any uncertainties that may exist, as to the likelihood of significant environmental effects. Everything depends on the circumstances of the individual case." 49. This is precisely what happened on the facts of the present case. The elaborate regulatory regime for nuclear power stations is described in the Witness Statements filed on behalf of the Defendant and the Interested Party. For present purposes, it is sufficient to note that by the time the Defendant made his decision dated19th March 2013 the Office for Nuclear Regulation ("
"(1) a person commits an offence if he . . . (b) deliberately disturbs wild animals of any such species [i.e. a European protected species]"
"61. The Planning Committee must grant or refuse planning permission in such a way that will 'establish a system of strict protection for the animal species listed in Annex IV(a) in their natural range . . .' If in this case the committee is satisfied that the development will not offend article 12(1)(b) or (d) it may grant permission. If satisfied that it will breach any part of article 12(1) it must then consider whether the appropriate authority, here Natural England, will permit a derogation and grant a licence under regulation 44. Natural England can only grant that licence if it concludes that (i) despite the breach of regulation 39 (and therefore of article 12) there is no satisfactory alternative; (ii) the development will not be detrimental to the maintenance of the population of bats at favourable conservation status and (iii) the development should be permitted for imperative reasons of overriding public importance. If the planning committee conclude that Natural England will not grant a licence it must refuse planning permission. If on the other hand it is likely that it will grant the licence then the planning committee may grant conditional planning permission. If it is uncertain whether or not a licence will be granted, then it must refuse planning permission." 29. In my judgment this goes too far and puts too great a responsibility on the Planning Committee whose only obligation under regulation 3(4) is, I repeat, to "have regard to the requirements of the Habitats Directive so far as [those requirements] may be affected by" their decision whether or not to grant a planning permission. Obviously, in the days when the implementation of such a permission provided a defence to the regulation 39 offence of acting contrary to article 12(1), the Planning Committee, before granting a permission, would have needed to be satisfied either that the development in question would not offend article 12(1) or that a derogation from that article would be permitted and a licence granted. Now, however, I cannot see why a planning permission (and, indeed, a full planning permission save only as to conditions necessary to secure any required mitigating measures) should not ordinarily be granted save only in cases where the Planning Committee conclude that the proposed development would both (a) be likely to offend article 12(1) and (b) be unlikely to be licensed pursuant to the derogation powers. After all, even if development permission is given, the criminal sanction against any offending (and unlicensed) activity remains available and it seems to me wrong in principle, when Natural England have the primary responsibility for ensuring compliance with the Directive, also to place a substantial burden on the planning authority in effect to police the fulfilment of Natural England's own duty. 30. Where, as here, Natural England express themselves satisfied that a proposed development will be compliant with article 12, the planning authority are to my mind entitled to presume that that is so” (My italics). “The Planning Committee here plainly had regard to the requirements of the Directive: they knew from the Officers' Decision Report and Addendum Report (see para 8 above and the first paragraph of the Addendum Report as set out in para 72 of Lord Kerr's judgment) not only that Natural England had withdrawn their objection to the scheme but also that necessary measures had been planned to compensate for the loss of foraging. For my part I am less troubled than Ward LJ appears to have been (see his para 73 set out at para 16 above) about the UBS's conclusions that "no significant impacts to bats are anticipated" – and, indeed, about the Decision Report's reference to "measures to ensure there is no significant adverse impact to [protected bats]"
“9.48 One of the key issues raised in objections to the proposal is the potential impact on the water environment. PPG: minerals notes that “surface, and in some cases ground water issues”, should be addressed by Minerals Planning authorities as well as flood risk and water (paragraph 13). The impact on the water environment is, therefore, a material planning consideration. 9.49 The site is not within a groundwater source protection zone, with the nearest of these some 2.3 Km north-west of the site, without an abstraction licence to pump water (though 20m³ can be abstracted without such a licence). The Environment Agency has confirmed that there are no licensed ground water abstractions within 3km of the site. 9.50 There are small streams as close as 15m from the site access road. 9.51 In terms of geology of the site, it lies on Wadhurst Clay some 47 metres thick, classified as “unproductive strata” (formally “non-aquifers”). It is identified as being generally unable to provide usable water supplies and unlikely to have surface water and wetland dependant upon them. The clay also acts as a natural barrier to the migration of either groundwater of gases between permeable strata. 9.52 Below the clay are the Ashdown Beds of some 212 metres thickness, a “Secondary Aquifer” formed of fine-brained silty sandstone and mudstone. The Environment Agency notes that this contains naturally high levels of methane but that due to geology and well construction this does not pose a risk to ground water. Below the Ashdown Beds is another layer of Kimmeridge clay below which are the Hydrocarbon-bearing micrite beds into which the lateral well extends. 9.53 In considering the potential impact on the water environment, it is important to note that the County Council must assume that other, non-planning regimes operate effectively (PPG: Minerals paragraph 112). In relation to water, this means assuming that the construction, design and operation of the borehole have been undertaken appropriately, in accordance with Health and Safety Executive (HSE) requirements. It also means assuming that the Environment Agency will ensure that surface equipment operates satisfactorily, and that mining waste NORMs are appropriately managed. 9.54. Nonetheless, as already noted paragraph 112 of PPG:Minerals notes that before granting permission the county council will need to be satisfied that the issues dealt with under other regimes can be adequately addressed “by taking advice from the relevant regulatory body”
“Overall Conclusions and Recommendations 10.1 The six month flow testing and monitoring operation proposed at the Lower Stumble Wood site has the potential to result in impacts on the highway, people and the environment, issues which have been raised in the large number of objections to the application. Balcombe Parish Council and Ardingly Parish council have objected to the application, but no other statutory consultees have objected, subject to the imposition of conditions. 10.2. It is concluded that the number of vehicles required to carry out the development is not significant enough to raise concerns regarding highway capacity or safety. Emissions from the development would be controlled through the planning regime as well as through the environmental permitting and health and safety regimes to ensure that water quality would not be compromised and that emissions to air would be acceptable. The rig and flare on the site would be visible at times during the development, but the impact would be short-lived so would not compromise the landscape qualities of the High Weald Area of Outstanding Natural Beauty. 10.3. It is therefore recommended that planning permission is granted, subject to conditions and informatives set out at appendix 1.”
“Assessment of well notifications submitted to HSE. This assesses well design prior to construction, a key phase of work where the vast majority of issues are likely to have an impact on the well integrity will be identified and addressed by the well operator Monitoring of well operations during construction…This ensures the construction phase matches the design intent. Meetings with well operators prior to, and during, the operational phase to be undertaken (including joint meetings with the EA) these will include site inspections to access well integrity during the operational phase….”
“What HSE was going to do in the future is not the issue here.”
'The law must be sensibly interpreted so as to give effect to the intentions of Parliament; and the police must see that it is enforced. The rule of law must prevail.' (R v Metropolitan Police Comr, ex p Blackburn[1968] 1 All ER 763 at 770,[1968] 2 QB 118 at 138 per Lord Denning MR.) '
'Extraneous threats to instigate industrial action could only exert an improper pressure on the Secretary of State and if he allowed himself to be influenced by them, he would be taking into account wholly irrelevant considerations.'
'Extraneous threats to instigate industrial action could only exert an improper pressure on the Secretary of State and if he allowed himself to be influenced by them, he would be taking into account wholly irrelevant considerations.'
'… I cannot share the view taken by the police. English law upholds to the full the right of people to demonstrate and to make their views known so long as all is done peaceably and in good order (see Hubbard v Pitt[1975] 3 All ER 1 ,[1976] QB 142 ). But the conduct of these demonstrators is not peaceful or in good order. By wilfully obstructing the operations of the board, they are deliberately breaking the law … I go further. I think that the conduct of these people, their criminal obstruction, is itself a breach of the peace. There is a breach of the peace whenever a person who is lawfully carrying out his work is unlawfully and physically prevented by another from doing it. He is entitled by law peacefully to go on with his work on his lawful occasions … If I were wrong on this point, if there was here no breach of the peace or apprehension of it, it would give a licence to every obstructor and every passive resister in the land. He would be able to cock a snook at the law as these groups have done. Public works of the greatest national importance could be held up indefinitely. This cannot be. The rule of law must prevail.'
'… can those who disapprove of the exercise by a statutory body of statutory powers frustrate their exercise on private property by adopting unlawful means, not involving violence, such as lying down in front of moving vehicles, chaining themselves to equipment and sitting down where work has to be done. Such means are sometimes referred to as passive resistance. The answer is an emphatic No. If it were otherwise, there would be no rule of law. Parliament decides who shall have statutory powers and under what conditions and for what purpose they shall be used. Those who do not like what Parliament has done can protest, but they must do so in a lawful manner. What cannot be tolerated, and certainly not by the police, are protests which are not made in a lawful manner.'
'… the powers of the police and the board are adequate to ensure that the law prevails. But it is for the police and the board to co-operate and to decide on and implement the most effective method of dealing with the obstructors.'