Environmental and climate change law

Including water pollution, noise nuisance and noise abatement notices. Prosecutions under the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010.

Reported cases include:

  • R (Kingston upon Hull City Council) v Secretary of State for Business, Innovation and Skills [2016]: judicial review of endorsement by BIS’ Better Regulation Delivery Office (‘BRDO’) of advice given under the Primary Authority Scheme to Greggs plc, concerning provision of sanitary facilities;
  • Empress Cars v Environment Agency [1999] 2 A.C 22: landmark House of Lords case on causation in water pollution cases

Climate Change and Low Carbon Innovation

Gough Square Chambers has an expert group dealing with climate change and emerging technology directed at low carbon innovation.

Activities undertaken by members of chambers include:

  • Representing a solicitors’ firm in relation to an escrow service for a developer of the Brazilian eco housing project to build over 1 million sustainable homes
  • Drafting an Engineering, Procurement and Construction contract on behalf of a contractor to build four solar farms for an equity finance company
  • Delivering a paper on the regulation of risks in energy storage to the Chinese Academy of Sciences in Beijing ( including disposal of batteries, nanotechnology risks and international harmonisation of regulation).
  • Advising a non annex 1 government on compliance with its obligations under the United Nations Framework Convention on Climate Change  [UNFCCC ] to prepare national communications on inventories, mitigation and adaptation.
  • Advice to an academic research group on EU procurement rules and general planning issues in relation to a Carbon Capture Storage project.
  • Advice to solar panel installers [solar PV] on Feed In Tariff interpretation by OFGEM and the Department of Energy and Climate Change.
  • Advice to a supermarket franchise on the impact of the Carbon Reduction Commitment Order [CRC] energy efficiency scheme throughout its estate.

Planning legislation

Chambers advises on and represents companies/authorities in disputes arising from planning legislation.

  • West Lindsey DC v Wilkin [2010]: prosecution under the Town & Country Planning Act 1990; unauthorised use of land as a builder’s yard;
  • Mid-Bedfordshire CC v ASDA Stores plc [2009]: alleged that by allowing deliveries of money to replenish ATM, goods were being delivered in breach of permitted delivery times of planning consent

Animal welfare

Chambers has been involved in a number of animal welfare prosecutions, both against local farmers and commercial farming units:

  • Lincolnshire CC v Courton Green (Lincoln Magistrates’ Court, 2015): prosecution under animal welfare and animal by product regulations; convictions resulted  after a 5 day trial that involved the consideration of four expert witnesses;
  • Lincolnshire CC v Belmont Farms Ltd (2011): prosecution against commercial pig farm unit
  • Lincolnshire CC v Nundy (2011): animal welfare prosecution against farmer; expert evidence on causation of bovine disease