This paper takes a practical look at the procedures for consenting new infrastructure in Wales , through the Planning Act 2008 and the Hybrid Bill procedure , and consider the potential areas for challenge (including consultation , strategic environmental assessment and habitats issues) for those opposed to such infrastructure. Through recent case studies , the paper examines the tactics and procedure for such challenges.…
8 Apr 2013
Issues and central principles arising out of both cases , including the assessment duty , the positive obligations owed to disabled people under Article 8 ECHR , the use of the Resource Allocation Schemes to calculate ‘indicative budgets’ , and the duty to meet assessed needs where ‘necessary’. The barristers , who between them acted for the claimants in both cases , discuss how the central principles of the cases can and should be applied in future challenges to community care decisions.
…
15 Oct 2012