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An analysis of Council Directive 85/337 on the assessment of the effects of certain public and private projects on the environment and the development of environmental law in the United Kingdom

From an historical perspective, environmental law is an assembly of common law principles and regulatory techniques derived from public health and planning legislation. Until recently, it lacked a distinct, recognisable identity, and status. A separate discipline of ‘environmental law’ now exists which appears to have an internal coherence and to operate within a settled conceptual framework, anchored by a number of guiding principles. This development is not, though, a one-way process. There is an equally dynamic contraflow of legal disciplines claiming environmental concerns as their own, notably property and tort, company and insurance law. In a similar vein, at both European Union and national levels of government, there is a sense that the very nature of environmental problems means that environmental protection must form part of a wider range of policies and law. This thesis takes account of these recent developments by considering the contribution of environmental assessment to the development of environmental law. It examines the implementation of Council Directive 85/337 on the Assessment of the Effects of Certain Public and Private Projects on the Environment' in the United Kingdom and thus the integration of a European Community method of environmental assessment alongside indigenous’ methods of environmental appraisal in the planning system. Some explanation is required, both as to the choice of subject matter, and to the methodology chosen to write this thesis.

Identiferoai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:307335
Date January 1995
CreatorsHolder, Jane
PublisherUniversity of Warwick
Source SetsEthos UK
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Sourcehttp://wrap.warwick.ac.uk/108941/

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