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ACCC/C/2009/40 United Kingdom

Case status: Inadmissible.
Follow-up:
Topics: Protection of environmental defenders; Access to justice.
Articles alleged: 3 (8); 9 (4).
Articles considered by the Committee:
Articles, if any, found in non-compliance:
Summary: The communication was submitted to the Compliance Committee on 29 July 2009 by Mr. Paul Stookes of Richard Buxton Environmental & Public Law, representing Ms. Elizabeth Condron, with regard to compliance by the United Kingdom with the provisions of articles 3 (8) and 9 (4) of the Convention. The communication arose out of the communicant’s legal challenge against the Merthyr Tydfil County Borough Council in which she claimed that the Council had failed to comply with the conditions of its EIA permission for a coal processing plant. The legal challenge was part of the communicant’s ongoing fight against the development and operation in Merthyr Tydfil of the United Kingdom’s largest opencast coal mine, situated 500 metres from her home. She alleged that the events following her legal challenge amounted to a violation of article 3 (8).

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2009/40 (United Kingdom) Latest datasheet on the status of the communication 11.05.2010
  Determination on admissibility At CC-24 29.07.2009
  Communication - Cover Communication ACCC/C/2009/40 29.07.2009
  Communication - Explication document Annex to Communication ACCC/C/2009/40 29.07.2009
  Communication - Supporting documents Annex to Communication ACCC/C/2009/40 29.07.2009
  Letter to the communicant requesting additional information Letter from the secretariat 29.07.2009
  Letter to the Party concerned forwarding the communication and requesting additional information Letter from the secretariat 29.07.2009
  Letter to the Committee answering the letter to the communicant dated 27.07.2009 - Cover Letter from the communicant 01.11.2009
  Annex 1 - Replies to questions Annex to the letter from the communicant 01.11.2009
  Annex 2 - Authorisation proof Annex to the letter from the communicant 01.11.2009
  Annex 3 - Additional supporting documents to the original communication supporting documents Annex to the letter from the communicant 01.11.2009
  Reply to the questions and deferral request Letter from the Party concerned 01.12.2009
  Letter to the Party concerned accepting deferral request until 1 March 2010 Letter from the secretariat 22.12.2009
  Letter to communicant and Party concerned inviting them to the discussion at CC-27 Letter from the secretariat 09.02.2010
  Final comments on the communication Message from the Party concerned 01.03.2010
  Annex 1 - History of legal challenges by the communicant Annex to the message from the Party concerned 01.03.2010
  Annex 2 - Judgement between the communicant and the National Assembly for Wales and Miller Agent (South Wales) LTD (21 December 2005) Annex to the message from the Party concerned 01.03.2010
  Annex 3 - Judgement between National Assembly for Wales and the communicant and Miller Argent (South Wales) LTD (27 November 2006) Annex to the message from the Party concerned 01.03.2010
  Annex 4 - Judgement between the communicant and Merthyr Tydfil County Borough Council and Caerphilly County Borough Council and Miller Argent (South West) LTD (1 May 2009) Annex to the message from the Party concerned 01.03.2010
  Annex 5 - Order dated 9 March 2009 Annex to the message from the Party concerned 01.03.2010
  Annex 6 - Order dated 26 June 2009 Annex to the message from the Party concerned 01.03.2010
  Cover letter from DLA Piper UK LLP, instructed by Miller Argent (South Wales) Ltd, with Annex 1 and Annex 2 Message from DLA Piper UK LLP 05.03.2010
  Summary Reply to the Party's submission with Annex 1 and Annex 2 Letter from the communicant 09.03.2010
  Photos of the site Provided by the communicant at CC-27 17.03.2010
  Letter to the parties with the outcome of CC-27 Letter from the secretariat 12.04.2010