Contents

Volume 3 Number 3 2001
ISSN: 1461-4529  eISSN: 1740-5564

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Opinion

The environment: modernising justice
Martyn Day      163

Articles

A sustainability analysis of the Common Transport Policy
Matthew Humphreys      170

ABSTRACT

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ENV L REV 3 (2001) 170

A sustainability analysis of the Common Transport Policy
Matthew Humphreys

This article reviews the sustainability of the Common Transport Policy by reference to accessibility, equity and environmental protection. It starts by considering those concepts underpinning the policy, and then goes on to consider the detail of land transport legislation. That the policy generally lacks a clear purpose is one of its most striking problems. Even those principles that do guide it, relating to profitable business and public service, mobility and accessibility, and the overarching protection of free movement, are not coherently recognised, let alone balanced sustainably. This lack of balance and purpose is reflected in the legislation constituting the policy, legislation that often attempts to do much in the combat of pollution or the promotion of road-transport alternatives to achieve a sustainable system. The review of the sustainability of the legislation shows that the revolution of thought implied by the sustainable development concept is not undertaken and that the Union is some way from achieving a sustainable transport policy.

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Liability in the law of nuisance for isolated escapes from land
Francis McManus      186

ABSTRACT

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ENV L REV 3 (2001) 186

Liability in the law of nuisance for isolated escapes from land
Francis McManus

It is customary for the courts perfunctorily to categorise isolated escapes from one's land, where the escapes therefrom impact on the land of another, either in terms of the rule in Rylands v Fletcher, or, in terms of the law of negligence, without the courts according much discussion as to whether such escapes may be accommodated within the fold of the law of nuisance which has normally been employed to obtain redress for injury or inconvenience occasioned over a period of time. This article examines whether isolated escapes (an expression which includes escapes both of people as well as of things) from land can legitimately fall under the rubric of nuisance, and, if so, whether indeed, the law of nuisance should accommodate such escapes.

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Case Notes

When does waste cease to be waste?
Castle Cement v Environmental Agency
[2001] EWHC Admin 224
Keywords: definition of waste, hazardous waste incineration, Council Directive 94/67/EC, recovery operations, substitute liquid fuel
Helen Keele      212

Planning call-in: 'scandalous' delay and partiality
Lafarge Redland Aggregates Ltd v Scottish Ministers
2000 SLT 1361
Keywords: Town and country planning, call-in of application, determination of application within reasonable time, Habitats Directive, reference of conservation issue to principal objector, European Convention on Human Rights, Article 6(1)
Mark Poustie      217

Should we separate my [planning] powers? No, minister!
R v Secretary of State for the Environment, Transport and the Regions, ex p. Holding & Barnes plc and others
[2001] UKHL 23, [2001] 2 All ER 929
Keywords: Human rights, development control and compulsory purchase of land, recovered planning appeals and 'called in' applications, ministerial role in planning policy, independence and impartiality, European Convention on Human Rights, Article 6(1), incompatibil
Chris Miller      222

Update     229

Book Reviews     238

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Links to other issues

Volume 2 (2000) :   4

Volume 3 (2001) :   1   2   3   4

Volume 4 (2002) :   1   2   3   4

Volume 5 (2003) :   1   2   3   4

Volume 6 (2004) :   1   2   3   4

Volume 7 (2005) :   1   2   3   4

Volume 8 (2006) :   1   2   3   4

Volume 9 (2007) :   1   2   3   4

Volume 10 (2008) :   1   2   3   4

Volume 11 (2009) :   1   2   3   4

Volume 12 (2010) :   1   2   3   4

Volume 13 (2011) :   1   2   3   4

Volume 14 (2012) :   1   2   3   4

Volume 15 (2013) :   1   1   2   3   4

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