MSc Environmental Strategy (Part-Time) University of Surrey CES Environmental Law - Final Assignment April/May 2011 Mark Fraser

4,953 words (excluding abstract and bibliography)

Question:
Examine the extent to which, in your view, environmental law serves the need of the broader environment or is only concerned with the human need for a clean environment. In other words, do you think environmental law is anthropocentric or eco-centric? You may use examples from UK or EC or international law which have been examined during the module in answering the question

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Abstract:
Planning law in England is seen by some commentators as one of the most developed of any in the world. The system is constantly evolving, with another tranche of legislative amendments due to the recent change of national government and the Localism Bill at the time of writing. To understand the extent to which it is anthropocentric or ecocentric this essay looks at the legal framework covering the relevant statutes, accompanying guidance, driving influences and examines some of the case law decisions interpreting them. Having explored some of the theory and practice of planning law it is concluded that planning is largely anthropogenic in nature, but that it is still evolving, there may be a future for ecocentricty perhaps in the same vein as the maturing of other laws, such as human rights.

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Environmental law is one of the strongest tools in the environmentalists toolkit. It does not exist as a discrete body of law but as loosely integrated set across the existing perpendicular to the legal structures that have emerged to suit human development needs. The fragile state of human development is perhaps most starkly demonstrated by the issue of climate change caused by our increasing saturation of the atmosphere with greenhouse gases (GHGs). Some key facts to illustrate the scale of the change that must be tackled: building construction and use accounts for about 20% of anthropogenic GHG emissions globally1; in the UK buildings account for 45% of all carbon dioxide emissions 2; approximately 10% of a building's GHG emissions over its lifetime are embodied, coming from energy used in winning the raw materials, component manufacture and its construction and the remaining 90% are from the use phase3. The government has identified a number of initiatives directed at increasing the energy efficiency of existing buildings, and is putting in place increasingly stringent building regulations for new buildings in order to meet its often stated ambition for a net zero carbon building stock by 20504. The necessary change in energy generation brought about by the replacement of ageing fossil fuel power stations with renewable and nuclear energy alternatives, carbon capture and storage and the updating of the transmission networks to handle electricity distribution will require 150bn of investment nationally5. For these reasons, despite the recent (apparent) cancellation of key procedures of the planning system and emerging new statutes, planning law is both a topical and revealing area of law within which to consider the question of the extent of its anthropocentricity.

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Laws are human constructs devised initially to protect individuals, then institutions annd it is only much later in its history that law has spread its influence to the area of the environment. Environmental Law as a concept is inferred from a series of piecemeal solutions originating in health problems linked to large scale industrialisation: in order to protect the air we breathe, the water we drink, the land we live on.6

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Nicholas Stern, The Stern Review on the Economics of Climate Change (HM Treasury, TSO, 2006) Royal Commission on Environmental Pollution, 26th Report: The Urban Environment (RCEP 2007) 3 Environmental Change Institute in RCEP 26th Report (n 2) 4 Department for Communities and Local Government, The Road to Zero Carbon: Consultation on the Code for Sustainable Homes and the Energy Efficiency Standard for Zero Carbon Homes, (CLG 2010) 5 Confederation of British Industry, Risky Business: Investing in the UK's low carbon infrastructure (CBI 2011) 6 Stuart Bell and David McGillivray, Environmental Law (7th edn, Oxford University Press 2008)

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British planning law has evolved over the last 100 years into one of the most sophisticated anywhere. Given the recently devolved administrations in Scotland, Wales and Northern Ireland, and despite the ongoing similarities, the scope of this essay is limited to English planning law including some reference to international and regional influences. There are hundreds of pieces of primary and secondary legislation in this field, but the principle elements of statute embodying the intention of the English lawmakers are: The Town and Country Planning Act (TCPA) 1990 (as amended)7 TCPA (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended)8 The Planning and Compulsory Purchase Order Act (PCPA) 20049 The Planning Act 200810 The Localism Bill 2010

The English planning system may be characterised as a comprehensive statutory code: an amalgamation of national statutes and regulations, overlaid with policy guidance and interpreted by a body of case law.

The planning system is changing at the moment. Upon the election of the ConservativeLiberal Democrat coalition government in May 2010 key regional elements of the national planning infrastructure were revoked: notably the requirement for Regional Spatial Strategies (RSSs), and the Infrastructure Planning Committee. The courts are trying to interpret this revocation: in November 2010 the Cala Homes (South) Ltd v Secretary of State for Communities and Local Government11 decision clarified that the Secretary of State had overreached his powers in abolishing the RSSs before he has had the changes in legislation passed by Parliament. The Secretary of State had advised that this announcement of revocation should therefore be seen as a material consideration for planning applications whilst the legislation was being enacted to make it permanent12. The matter has not yet been

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Chapter 8 (SI 1999/293) 9 Chapter 5 10 Chapter 29 11 [2010] All ER (D) 102 (Nov) 12 In December 2010, the Localism Bill was introduced to Parliament and is still in the process of being debated and becoming law.

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settled though, as in February this year a subsequent decision at the High Court 13 overturned this view effectively allowing the Secretary of State's will to prevail. This decision itself is in the process of now being appealed.

Therefore the question is investigated using the planning system and structures which, despite the intentions of the new government and notwithstanding ongoing litigation, continue to operate14. What is planning for? According to The Planning Inspectorate: The purpose of planning is to ensure that decisions about development take into account the public interest. It does not exist to protect the purely private interests of one person against the activities of another. Neither is it intended to deal with matters covered by other legislation eg. boundary disputes which are covered by property law.15 There are other views, but there is not just one single agreed upon rationale written down in statute. According to the Royal Commission for Environmental Pollution it could be: To facilitate the achievement of legitimate economic and social goals whilst ensuring that the quality of the environment is safeguarded and, wherever appropriate, enhanced16 The system is referred to as being Plan-Led, and it easy to see why: with National Plans, Mineral Policy Statements, Minerals Planning Guidance Notes, Planning Policy Guidance Notes, Planning Policy Statements, Circulars and Parliamentary Statements provided by central government to provide supporting information guiding the planning process.

The formation of Regional Assemblies was intended to enable integrated planning in England, but these entities have not yet been formed. The interim situation sees something akin to virtual regional assemblies, comprised mainly by elected representatives from local government and county planning authorities (about 60%). This workable transition has endured since 2004 (when the PCPA was enacted) without crystallising into the envisaged end result, but has facilitated democratic consultation within the regions which must consider
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R (on the application of Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government - [2011] LGR 204 14 Presumably the system will transition back over time to a more localised one, after years of centralisation under the Labour government, in much the same way as three years were allowed to amalgamate local plans into RSSs when the Planning and Compulsory Purchase Order Act was brought in, in 2004? 15 The Planning Inspectorate: Guide to taking part in planning appeals proceeding by an inquiry (2011) 6-7 16 Royal Commission on Environmental Pollution, 23rd Report: Environmental Planning (RCEP 2002) 8.33

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their particular situations and guidance from government to build Regional Spatial Strategies (RSSs). RSSs cover a 15-20 year period integrating the planning of a range of concerns from housing, environmental protection, economic development, transport, infrastructure, waste treatment, agriculture and mineral extraction17 in such a way as to improve the physical environment and enhance sustainable development18. The bottom up democratic approach of the RSSs is tempered by the top down influence of the Secretary of State (of the Department of Communities and Local Government [CLG]) who has the ability to monitor the RSSs and call them in if they deviate from the policy guidance: Planning Policy Statements and Planning Policy Guides (PPSs, PPGs respectively). PPSs and PPGs embody the intentions of the Secretary of State, so the content of these documents is considered material to the assessment of planning applications 19. The RSSs are drawn up in consultation with key stakeholders in the region.

The Local Planning Authorities (LPAs), which can be District Authorities, London Boroughs and Metropolitan Districts, Unitary Authorities, National Park Authorities and specifically in East Anglia, the Broads Authority, are guided by the RSSs and prepare their Local Development Frameworks (LDFs) containing a Local Development Scheme (LDS), Local Development Documents (LDDs) and a Statement of Community Involvement accordingly. The schedule for producing this plethora of documents is also owned at the LPA level. It is mandatory for this lower tier to be in alignment with and reflect the desires of the tiers above. This makes the Development Plan Documents (DPDs) and Supplementary Planning Documents (SPDs) subordinate to the RSSs and National Plans, so that if and when conflicts arise they are resolved in favour of the more senior intention20. County Councils have a different approach and have specific guidance covering the areas of mineral extraction and waste handling, which they must manage. London has a Spatial Development Strategy prepared by the Mayor 21

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Department of Communities and Local Government Planning Policy Statement 11: Regional Spatial Strategies (DCLG, TSO 2004) Ch 1 s 1.3 18 DCLG PPS 11 n5 Ch 1 s1.2 in accordance with PCPA 2004 s39 19 PCPA 2004 s38 (6) 20 PCPA 2004 s17 21 Office of the Deputy Prime Minister, The Planning System: General Principles (ODPM 2005)

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This multi-tiered hierarchy is intended to harmonise the often conflicting objectives of multiple interests and sets the context for the assessment of individual requests for planning approval, which are managed at LPA level.

A key planning tool to ensure high quality environmental information is available to aid decision making is Environmental Impact Assessment (EIA). The EIA Directive 22 amended in 1997, 2003 and 2009 lists specific development project types in Annex 1 which must be covered by EIA, and those which may need to be covered in Annex 223. The enactment of

EIA into English law has taken place over time, starting with the TCPA (Environmental Impact Assessment) (England and Wales) Regulations 1999 and is now undergoing a consolidation for England since the devolution of Wales's ability to make its own EIA regulations24. Like much of the legislation it is still on the move, with a consultation ongoing for a consolidated TCPA (Environmental Impact Assessment) Regulations 2010. There is an iterative procedural approach to EIA that requires an initial assessment of sufficient detail to discover if a deeper, more complete EIA will be needed. The developer applying for planning permission is responsible for preparing an Environmental Statement (ES) to provide information about the development; its potential impacts, emission types and quantities; aspects of the environment likely to be affected (both ecocentric ones such as water, land, soil, air, flora, fauna, and anthropocentric ones such as archaeological and architectural heritage); short, medium and long-term effects of the development, its construction and its resulting impacts25. Also important in the ES is evidence of what alternative locations have been considered, and that the chosen one is in fact the best practicable environmental option.26

The ES effectively starts an expanding discovery process, managed by the planner representing the LPA, with the intention of building a body of impartial environmental information. Within EIA there are requirements and rules to ensure the process is conducted with sufficient rigour, for example, no project requiring EIA can be approved without the

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85/337/EEC Those developments which, according to the draft Town and Country Planning (Environmental Impact Assessment) Regulations 2010, are likely to have significant effects on the environment by virtue of factors such as its nature, size or location 24 Consultation on draft regulations, Town and Country Planning (Environmental Impact Assessment) Regulations 2010 (Department of Communities and Local Government, August 2010) 6 (6) 25 TCPA (EIA) Sch 4 Pt 1 and The Environmental Assessment of Plans and Programmes Regulations 2004 (SI 1633) Sch 2 26 Royal Town Planning Institute Planning Practice Standard: Environmental Impact Assessment (RTPI 2001)

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planner first having taken the time to consider the resulting environmental information27. The planner is pivotal in interpreting the need for an EIA in the first place (screening) and on providing a scoping opinion for the developer to understand what extent of information will be needed in the ES.28

At the stage of EIA, consultation with the wider community is mandatory includes certain statutory consultees, listing among others, the Countryside Agency, English Heritage, English Nature and the Environment Agency29. Natural England now comprises what was the countryside Agency and English Nature. It is the governments advisor on the natural environment [providing] practical advice, grounded in science, on how best to safeguard Englands natural wealth for the benefit of everyone. [Its] remit is to ensure sustainable stewardship of the land and sea so that people and nature can thrive. It is [their] responsibility to see that Englands rich natural environment can adapt and survive intact for future generations to enjoy30 which includes Reducing the decline of biodiversity and licensing of protected species across England, designating National Parks and Areas of Outstanding Natural Beauty, Managing most National Nature Reserves and notifying Sites of Special Scientific Interest. The anthropocentric and ecocentric blend of objectives in Natural England might take some unravelling, but it is clear that it comes closer to embodying the mission to protect nature for its own sake than any other element of the planning system analysed so far. Whilst the Environment Agency exists to protect and improve the environment, and to promote sustainable development, again strongly ecocentric in its purpose and approach to regulating industry, including construction.

Whilst considering the formal tools for assessing environmental impacts it should be mentioned that in the process of creating the RSSs Sustainability Assessments (SA) are required in order to comply with the EU Strategic Environmental Assessment (SEA) Directive31 to assess the environmental impacts and effects at a programmatic level. So any planning application that is in line with, say the need to build a certain (large) number of new homes in a region, will have had to have undergone two levels of procedural ecocentric scrutiny before it is able to proceed. A SA at RSS stage, and the next (assuming its a
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Unknown SI Cited in Bell & McGillivray (n6) EIA Directive (85/337/EEC) 29 Ibid Part 1 Regulation 4 30 Natural England website about us http://www.naturalengland.org.uk/about_us/whatwedo/default.aspx 31 2001/42/EC

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sufficiently large and impactful group of new homes) an EIA at the local stage. The statutory instruments contain schedules listing the kind of developments automatically triggering the need for EIA, and those that will trigger the need if certain conditions such as their size, nature and location warrant it. There is also a body of case law across Europe interpreting the statutes in this regard which influences the thresholds when EIA is needed for planning applications.

As it is designed to be democratic and inclusive, there is automatically a default anthropocentric dimension to this consultation, but as well as the statutory consultees, other parties may be and often are consulted, offering the potential to increase the ecocentric influences behind planning decisions. EIA improves on the previous planning inquiry based approach of bringing the public in as it requires as technical information must be provided in a more readily intelligible manner32. This aligns with the intentions of the Aarhus Convention33 to enhance public access to information, and therefore access to environmental justice. In case law, Berkeley v Secretary of State for the Environment, Transport and the Regions34 the judge criticised of the size and complexity of the ES provided by the developer, which came without a non-technical summary as effectively presenting a barrier to public interaction in the decision.

All this might appear to considerably strengthen the case for planning law protecting the environment, however, whilst the LPA must consider the environmental information, it is under no obligation to follow the guidance of information divulged by the EIA process, and development may still proceed even if it has become apparent that it will be damaging to the environment. In this situation the EIA should facilitate the drafting of planning conditions and legal agreements in order to control design, avoid or mitigate adverse effects and enhance beneficial effects.35 Many planning officers believe that it is the process of consultation that is most useful in teasing out the relevant information and interests, and EIAs iterative nature provides a means of building a consensus through the addition of mitigating measures to the planned development 36.

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Bell and McGillivray (n6) 446 United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998) 34 [2001] Env LR (Berkeley No.1) 35 Royal Town Planning Institute Planning Practice Standard: Environmental Impact Assessment (RTPI 2001) 36 C.Wood and C.Jones (1997) 34 (8) Urban Studies 1237 cited in Bell and McGillivray (n5) 461 and 468

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One specific piece of EU legislation providing a fillip for the ecocentric perspective in planning is The Habitats Directive37, although there does seem to be a conflict over evaluating the significance of environmental impact between this and planning law which there regrettably is not the space, nor scope to consider further in this essay. There are also references to biodiversity protection numerous locations in PPS 11 (as it is in others, such as PPS 9 on Biodiversity and Ecological Conservation PPS 1 on Sustainable Development), all of which are material considerations for the LPA.

So the LPA eventually decides with regard to the RSSs, LDF, LDDs, DPDs, the CLG guidance and potentially an EIA whether or not to grant planning approval and what, if any, conditions to attach to that grant. The TCPA (Inquiries Procedure) (England) Rules 200038 provide that an applicant who has been refused planning permission (or had planning permission granted with conditions they would rather avoid) the right to appeal to the Secretary of State. Planning inquiries are public, allowing third parties to participate, and have their evidence and opinions heard by the planning inspector who is delegated responsibility by the Secretary of State to decide the matter.

Other parties such as local residents, non-governmental organisations (NGOs) and pressure groups have the opportunity to represent their views on the environment at inquiry giving voice to a range of opinions and evidence which can include more ecocentric standpoints. The fact that the LPA leads in providing its evidence for declining to grant planning permission first is intended to focus the inquiry on the potential negative impact they believe the development would have caused39. This area was explored in some detail during the modules lectures, so it is perhaps more appropriate to look into the question of to what extent public access to planning amounts to ecocentricity? Beyond inputting @ RSS, EIAs and inquiries, NGOs can choose to represent ecological needs effectively speaking for the environment, which can at times, and within many restrictions, provide an indirect device for the law to allow the environment itself to become a party or person capable of bringing an action. This has been achieved by expansion of what is termed legal standing, or
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92/43/EEC SI 2000/1624 39 Simon Pickles, Planning Inquiries: Procedure and Preparation (Landmark Chambers handout provided in lecture pack at CES in April 2011)

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entitlement at law to bring public law actions in court, which started in cases in the 1980s. Groups of generally interested parties with ideological motives were deemed to have sufficient interest to apply for judicial reviews on behalf of those who had not been consulted40. Initially these parties brought actions on anthropocentric grounds, such as human health issues from unreasonably high levels of pesticides in drinking water41 and potential emissions of nuclear material from a nearby pre-processing plant on behalf of Cumbria residents42. However locus standii is at the discretion of the court, and is not always forthcoming. Distance from the issue dilutes the relevance of the representing party, as was seen in a European case, Stichting Greenpeace Council (Greenpeace International) v Commission of the European Communities43, where the applicant was deemed not to be directly or individually concerned44 and therefore unable to bring an action to block EU investment enabling the development of two power stations in the Canary Islands. Whereas locality may not help the chances of a London based non-governmental organisation being able to block planning permission in Newcastle, for example, the courts may also grant standing on the basis of the partys legal and technical expertise and ultimate ability to argue the case effectively in court45. The question of access to justice is however relevant to in this instance as NGOs risk shouldering the significant potential cost of bringing actions, should they fail, which must be a factor in discouraging pursuit of all but the most certain of actions. Applicants dealing with issues of general public importance that the public interest requires resolution [of] may be granted protective costs orders by the courts if the applicant has no private interest in the outcome46, and might otherwise not be able to continue. This is in line with the Aarhus Convention47 and the proposed EU Directive on Access to Justice in Environmental Matters. However a strict interpretation of public importance is mostly anthropocentric and only indirectly ecocentric, as the media affected will impact ecosystems as well as humans depending to a greater or lesser extent on them.

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Chris Hilson and Ian Cram, Judicial Review and Environmental Law is there a coherent view of standing? (Legal Studies, Vol 16 No 1 [through HeinOnline] 1996) 41 R v Secretary of State for the Environment, ex p Friends of the Earth Ltd and Another [1994] 2 CMLR 760 42 R v Inspectorate of Pollution and another, ex p Greenpeace Ltd (No 2) [1994] All ER 329 43 [1998] All E.R. (E.C.) 620 44 Under the Treaty of Rome 1957 (Art. 173) 45 Hilson and Cram n 9 24 citing n 11 46 Mark Stallworthy, Understanding Environmental Law (Thomson Sweet and Maxwell 2008) 136 47 United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998)

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So if the environment often lacks the standing for public law remedies, the voice of the environment is closest to being heard during the development of RSSs and LDFs, during EIA consultations and at planning inquiries. Perhaps though, in the process of consultation on amendments to planning statutes and the creation of new pieces of law, there is an opportunity for it to be heard, in the form of independents and NGOs establishing themselves as others who have an interest48.

Returning to the changes in the statutes that are currently underway, the newly defined Regional Strategy49 combines the RSSs and the Regional Economic Strategy (with the regional development agencies having recently been abolished too). This combination has led to sustainable development being twisted into sustainable economic growth in some places. The integration of sustainability issues into mainstream policy decisions has long been an ambition of any who wish to see sustainable development achieved50, so if these Regional Strategies are to be the replacement of RSSs then this shift is potentially significant. This not so subtle shift in emphasis also sees sustainable development broken out into a separate clause51 showing that the integration is perhaps only skin deep. This mutual inconsistency whereby legislation and policy pulls in different directions, was highlighted as far back as the Royal Commission for Environmental Pollution's 23 rd Report on Environmental Planning52. The use of sustainable development is not as all encompassing as its theory suggests it should be, with the accepted sustainable development tenet of limits to growth, whereby environmental sustainability is a precondition for all other forms of development, not being acknowledged. RCEP 23 is also vocal on the need for more specific statutory description of the purpose of the planning system, as seen earlier.

Further examining the embedded-ness of ecocentric viewpoints in planning; how can the view that:sustainable development is the core principle underpinning planning. At the heart of sustainable development is the simple idea of ensuring a better quality of life for everyone, now and for future generations,53 be reconciled with the findings of the influential Barker

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In this case on environmental impact assessment in CLG Consultation (n 19) 2 Brought into being by the Local Democracy, Economic Development and Construction Act 2009 (Chapter 20) 50 See international standard ISO 26000:2010 Social Responsibility (BSI, UK) for the distillation of best practice in sustainability thinking by expert practitioners 51 Part 5 s 73 52 RCEP, 2002 53 The Planning Inspectorate: Guide to taking part in planning appeals proceeding by an inquiry (2011) 6

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Review of Land Use Planning54? Barker, who was commissioned by the Treasurer and the Deputy Prime Minister at the time, takes an unapologetically mercantile stance throughout the report on the subject of how to overcome the restrictions to vital productivity, economic growth, competitiveness and other economic outcomes that she blames the, then current, planning system for. Even given its slanted analysis of the subject it is peppered with references to sustainable development, seldom has an expression been so inappropriately coopted. However, it was evidently an influential review, as it is clear that many of the current round of changes to the legislation have been triggered by it. This review added to the received wisdom that the renewable energy infrastructure in the UK has been lagging behind that of many European neighbours resulted in the then government bringing in a revised Planning Act on the same day as new the Climate Change and a revised Energy Act to tackle barriers to the establishment of renewable and nuclear energy generation in 2008. With the Localism Bill now before parliament presumption in favour of the plan55 is the norm more than ever.

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Planning law is more pre-emptive and forward looking than much of the command and control, end-of-pipe regulation that environmental law originated with. Law is a human creation which necessarily follows developments in technology and social progress, correcting for errors, so it is not in the nature of substantive law to work towards aspirations. It is the international conventions and protocols that lead the way in some of the largest collective action problems, and they take considerable time to work their way through into substantive law, but they are slowly on that journey trickling down incrementally from, say, Agenda 21 down to the Merton Rule. Through a process of raising the bar continually and developing just a little more each time law has been able to tackle challenges like the London pollution fogs and the hole in the ozone layer. But whilst law has managed to regulate the quality of environmental media like air, water and land, we should not underestimate the complexity of the systems we are now influencing: the global climate, the global marine ecosystem, entire biomes. The challenge of achieving ecosystem quality standards is another step along the causal chain from environmental quality56 and it is a large step.

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Kate Barker, 2006 Which Barker sought to strengthen 56 William Howarth, The progression towards ecological quality standards (Journal of Environmental Law, Oxford University Press, 2005)

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Another point is, even assuming a more ecocentric approach to planning could be found, could the normal status for ecosystems be agreed upon, given that the state of the art in human understanding of ecosystems lags far behind our inadvertent ability to influence them? How do we disaggregate the effects on ecosystems to which are man-made? Tracing the causal chain to the particular source of pollution is already challenging for point sources to cover diffuse would not be trivial or easily affordable.

The paradigm within which planning law operates is one of human development. Whilst planning law is explicitly trying to provide for greater environmental protection it is implicit that it exists to enable development, whether it does so in the least destructive manner is the question. The current approach to planning is far from perfect, but it is more realistic than a precautionary approach in the extreme ecocentric sense. Whilst it might be a romantic philosophical notion to consider it would be impossible to implement. The alternative: dystopia where there are merely sufficient eco-system services to serve humanity would probably be as unacceptable for the majority of humanity as for the ecosystems.

The author noted particularly as the researching of this essay neared a close, when reading the Barker Review, the contrast between the polycentric complexity of environmental arguments and the economic simplicity of modern society. The direction of Localism might in the short term tend to expose the planning system to the self interest of the market, but it will not be long before the political pendulum swings elsewhere and the ideology and arguments supporting it change again. Whilst it is attractive to consider the ideal situation of an ecocentric consensus being arrived at democratically,57 it is difficult to envisage environmental considerations becoming embedded in everyday financial and economic decision making in any way other than in a system where decisions are concentrated into the hands of those few with the expertise and vision to act for the wider good.

On balance it is the author's opinion that planning law currently serves the needs of human development more than the needs of the environment. Where it does seek to mitigate the worst excesses of development and its effect on the ecosystem services upon which humans
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It took 5 years for only 500 or so experts to agree on the 100 pages or so on the text of a voluntary standard (ISO 26000)

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depend, it is still acting anthropocentrically rather than ecocentrically. The body of human rights law that exists today has come about relatively recently, so it is the authors hope that sufficient of us may progress to a level of sophistication of thinking soon enough to build tools that value ecosystems, flora and fauna and laws representing their rights against unreasonable impingement.

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Bibliography
Bell, S. and McGillivray, D. (2008), Environmental Law, 7th Ed., Oxford University Press, UK Confederation of British Industry (2011), Risky Business: Investing in the UK's low carbon infrastructure, CBI, UK Department of Communities and Local Government Planning Policy Statements, TSO, UK (2004) PPS 11: Regional Spatial Strategies (2005) PPS 1: Delivering Sustainable Development (2007) Supplement to PPS 1: Planning and Climate Change Department for Energy and Climate Change (2009) White Paper The UK Low Carbon Transition Plan: National Strategy for Climate and Energy, TSO, UK Department for Energy and Climate Change (2011), The Carbon Plan, TSO, UK Donnelly, B. and Bishop, P. (2007) Natural Law and Ecocentrism, Journal of Environmental Law, Vol.19, No.1 pp 89-101 Hilson, C. and Cram, I. (1996) Judicial Review and Environmental Law is there a coherent view of standing? Legal Studies, Vol 16 No 1 [through HeinOnline] Howarth, W. (2006), The progression towards ecological quality standards, Journal of Environmental Law, Vol.18, No.1, pp.3-35, Oxford University Press, UK Office of the Deputy Prime Minister (2005) The Planning System: General Principles, ODPM, UK Palmer, J., Boardman, B., Bottrill, C., Darby, S., Hinnells, M., Killip, G., Layberry, R. and Lovell, H. (2006) Reducing the Environmental Impact of Housing: Final Report. Consultancy study in support of the Royal Commission on Environmental Pollutions 26th Report on the Urban Environment. Environmental Change Institute, University of Oxford, UK Royal Commission on Environmental Pollution, RCEP, UK (2002) 23rd Report: Environmental Planning (2007) 26th Report: The Urban Environment Royal Town Planning Institute (May 2001) Planning Practice Standard, Environmental Impact Assessment, RTPI, UK Skea, J., Ekins, P. (Eds.), Making the transition to a secure and low-carbon energy system: synthesis report, 2009, UK Energy Research Centre Synthesis Report Stallworthy, M. (2008) Understanding Environmental Law, Thomson Sweet and Maxwell, UK

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Stern, N. (2006) The Stern Review on the Economics of Climate Change, HM Treasury, TSO, UK The Planning Inspectorate (2011) Guide to taking part in planning appeals proceeding by an inquiry, The Planning Inspectorate, Bristol, UK United Nations Economic Commission for Europe (1998) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, (a.k.a. The Aarhus Convention), UNECE

Internet news service stories and links

Bircham Dyson Bell website (accessed May 2011) http://www.bdb-law.co.uk/blog/34planning-act-2008-commencement Department for Communities and Local Government website (accessed April and May 2011) http://www.communities.gov.uk/ Europa website of the European Union (accessed April and May 2011) http://ec.europa.eu/ Fenwick, K. (November 10th 2011) Cala Homes wins High Court case over RSSs. Copy of judgment, link to Government's response and Chief Planner's Letter attached http://www.alliance-plan.co.uk/news.jsp?newsID=132 Gardiner, J. (February 7th 2011) Cala loses latest localism court spat http://www.building.co.uk/5012922.article Legislation.gov.uk website (accessed May 2011) http://www.legislation.gov.uk/ Natural England website (accessed May 2011) http://www.naturalengland.org.uk Oxford Law website (accessed April 2011) http://www.law.ox.ac.uk/published/OSCOLA_4th_edn.pdf Parliament.co.uk (accessed May 2011) http://www.publications.parliament.uk/ Planning Inspectorate website (accessed May 2011) http://www.planninginspectorate.gov.uk/pins/index.htm Westlaw.co.uk website (accessed May 2011) http://www.westlaw.co.uk

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