Aarhus and costs recovery. The impact of the EIA Directive and the Convention post consent in Alyson Austin

gavc law - geert van calster

Reminiscent of an earlier posting on costs, the High Court recently had to consider the impact of the EIA Directive on cost orders. Mrs Austin lives close to an opencast mining and reclamation site in Wales. She complains of noise from heavy machinery and dust, affecting her home and preventing her family from sleeping. Planning consent had been granted in 2005.  Mrs Austin’s current action is based on private nuisance proceedings, based inter alia on the allegation that some of the conditions attached to the consent have not been complied with. The claim therefore is related to post-EIA compliance and the order sought by Mrs Austin is one to limit her costs.

Milwyn Jarman QC held – upon assist by James Pereira and Jack Connah) – that direct applicability of the Aarhus Convention in the UK is limited to those parts which have been incorporated in the EU’s…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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