Case status: Findings adopted on 26.07.2021 – Non-compliance found.
Follow-up: On-going; see Decision VII/8s
Topics: Protection of environmental defenders; Access to environmental information; Access to justice.
Articles alleged: 3 (2), 3 (8); 5 (1) (a), 5 (2); 6 (1) (b); 9 (2)–(4).
Articles considered by the Committee: 3 (2), 3 (8); 5 (1), 5 (3); 6 (1) (b); 9 (2), 9 (4).
Articles, if any, found in non-compliance: 3 (2); 5 (3) (d), 5 (3) (d), 5 (3); 9 (4).
Summary: On 1 September 2015, Ms. Tracy Breakell submitted a communication to the Compliance Committee alleging non-compliance by the United Kingdom of Great Britain and Northern Ireland with articles 3 (2) and (8), 5 (1) (a) and (2), 6 (1) (b) and 9 (2)– (4) of the Convention in connection with the redevelopment of a former hospital site.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Communication Annex 1 EIA Regulations 2011 Annex 2 Council Screening Opinion Annex 3 Decision Notice Annex 4 Chronology of Events Annex 5 Screening Request to SoS Annex 6 Repy from SoS Annex 7 Statement of facts and grounds Annex 8 Clarifying letter to Court Annex 9 High Court Order Annex 10 Appeal skeleton argument Annex 11 Appeal Court Order Annex 12 Sullivan WG response to MOJ consultation papers |
From the communicant | 01.09.2015 |
| Comments on preliminary admissibility | From the Party concerned | 28.09.2015 |
| Comments on preliminary admissibility Annex 1: Correspondence on costs Annex 2: Ministry of Justice Consultation Paper |
From the communicant | 02.10.2015 |
| Letter to the Party concerned forwarding communication for its response and enclosing preliminary determination of admissibility | From the secretariat | 14.12.2015 |
| Response to communication Annex 1: Officer’s Report to the Planning Applications Committee (6th September 2012) in respect of the application for planning permission Annex 2: London Borough of Merton Public Notice of the application for planning permission, published in the Wimbledon Gazette on 1 March 2012 Annex 3(i) Part 1: Civil Procedure Rules 1998 (as amended) Part 45 VII, Practice Direction 45 Section VII, rule 52.9A and rule 54.5 Annex 3(i) Part 2: Civil Procedure Rules 1998 (as amended) Part 45 VII, Practice Direction 45 Section VII, rule 52.9A and rule 54.5 Annex 3(i) Part 3: Civil Procedure Rules 1998 (as amended) Part 45 VII, Practice Direction 45 Section VII, rule 52.9A and rule 54.5 Annex 3(i) Part 4: Civil Procedure Rules 1998 (as amended) Part 45 VII, Practice Direction 45 Section VII, rule 52.9A and rule 54.5 Annex 3(ii): The Town and Country Planning (Development Management Procedure) Order 2010 Annex 3(iii): The Environmental Information Regulations 2004 Annex 3(iv) Part 1: Freedom of Information Act 2000 Parts IV and V Annex 3(iv) Part 2: Freedom of Information Act 2000 Parts IV and V Annex 4(i): R (on the application of the Noble Organisation Limited) v Thanet District Council [2005] EWCA Civ 782 Annex 4(ii): R(on the application of Grace) v Secretary of State for the Home Department [2014] EWCA Civ 1091 Annex 4(iii): R v Rochdale MBC ex parte Milne (2001) 81 P&CR 27 Annex 4(iv): R (Bradley) v Secretary of State for Work and Pensions [2008] EWCA Civ 36 Annex 5(i): Planning Practice Guidance: Environmental Impact Assessment Annex 5(ii): Local Government Ombudsman Guidance on Good Practice: Remedies (January 2016) Annex 6: R v London Borough of Bromley ex parte Barker (C-201/02) Annex 7(i): Excerpt from the addendum to the report of the fifth session of the Meeting of the Parties (ECE/MP.PP/2014/Add.1) Decision V/9 on general issues of compliance Annex 7(ii): Extract from the second draft of the revised Guide to the Aarhus Convention Compliance Committee (prepared for discussion at the 51st meeting of the Compliance Committee (Geneva, 15-18 December 2015) Annex 8(i): ACCC/C/2008/24 (Spain) Annex 8(ii): ACCC/C/2006/16 (Lithuania) Annex 8(iii): ACCC/C/2008/27 (United Kingdom) |
From the Party concerned | 13.05.2016 |
| Comments on the Party concerned ’s response to communication Annex 1: Letter before claim to London Borough of Merton Council Annex 2: Council response to letter before claim Annex 3: Response to request under the Environmental Information Regulations Annex 4: Correspondence with Council |
From the communicant | 06.06.2016 |
| Comments on the communicant's comments of 06.06.2016 | From the Party concerned | 31.10.2016 |
| Questions from the Committee to the Party concerned and the communicant | From the secretariat | 05.11.2018 |
| Reply to the Committee’s questions Annex 1a: 10 March 2014 Ombudsman Decision Annex 1b: 20 April 2015 Ombudsman Decision Annex 2: 12 May 2014 Email Annex 3a: Response to FOI Request F6665 Annex 3b: Schedule of Costs Annex 3c: Invoice for Counsel’s Fees Annex 4: Court Fee Receipts |
From the communicant | 03.12.2018 |
| Request for an extension to comment on Party's reply to the Committee's questions | From the Party concerned | 17.12.2018 |
| Decision of the Chair of the Committee to grant an extension to the Party concerned | From the secretariat | 20.12.2018 |
| Reply to questions from the Committee Annex 1: Screenshot of Committee report Annex 2: Screenshot of negative screening Annex 3: Screenshot of permission notice Annex 4: Screenshot of noise assessment Annex 5: Committee report of 19 July 2012 Annex 6: Permission Notice 12-PO418 |
From the Party concerned | 31.01.2019 |
| Comments on the Party concerned’s reply to Committee’s questions Annex 1: Complete text of the Town and Country Planning (Development Management Procedure) (England) Order 2010 Annex 2: Consultee responses |
From the communicant | 12.02.2019 |
| Explanatory note concerning screenshots submitted as annexes 1-4 to its reply of 31 January 2019 | From the Party concerned | 21.02.2019 |
| Letter to parties seeking their views on whether a hearing is needed | From the secretariat | 06.10.2020 |
| Reply as to need for a hearing | From the communicant | 19.10.2020 |
| Request for an extension to reply on need for a hearing | From the Party concerned | 20.10.2020 |
| Letter to the parties regarding extension and next steps | From the secretariat | 29.10.2020 |
| Reply as to need for a hearing | From the Party concerned | 05.11.2020 |
| Letter inviting Party concerned and communicant to hearing at the Committee’s 68th meeting | From the secretariat | 06.11.2020 |
| Opening statement for the hearing at the Committee's 68th meeting | From the Party concerned | 20.11.2020 |
| Cover letter enclosing final submission | From the communicant | 20.11.2020 |
| Opening statement for the hearing at the Committee's 68th meeting | From the communicant | 26.11.2020 |
| Closing statement for the hearing at the Committee's 68th meeting | From the communicant | 26.11.2020 |
| Letter to the Party concerned enclosing questions from the Committee | From the secretariat | 09.12.2020 |
| Reply to Committee’s questions Annex 1: Application for Judicial Review (dated 06.02.2015) Annex 2: Acknowledgement of Service for Judicial Review (dated 02.03.2015) Annex 3: R. v. Secretary of State for Trade and Industry, ex p. Greenpeace Limited Annex 4: R. v. Secretary of State for Transport, ex p. Presvac Engineering Ltd. and Another (dated 25.06.1991) |
From the Party concerned | 23.12.2020 |
| Comments on the Party concerned’s reply to Committee’s questions Annex 1: R v. London Borough of Hammersmith and Fulham and others ex parte Brukett [2002] UKL 23, 23.05.2002 Annex 2: The Queen (CAT) v Brighton and Hove City Council Brighton and Hove Albion Football Club, [2007] EWCA Civ 298, 04.04.2007 |
From the communicant | 13.01.2021 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 14.06.2021 |
| Comments on Committee’s draft findings | From the communicant | 13.07.2021 |
| Comments on the Committee’s draft findings | From the Party concerned | 23.07.2021 |
| Findings ENG FRE RUS | 26.07.2021 |