EU Environmental and Planning Law Aspects of Large-Scale Projects
European Environmental Law Forum Series, Vol. 1

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Language: English
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Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection.

The types of large scale projects, planned as well as ‘under construction’ in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports,...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields,...), waste projects (incineration, landfill,...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects,...), climate projects (CDM projects,...), water projects, etc.

In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic “Environmental and Planning Law Aspects of Large Scale Projects”. The conference focused more specifically on the following aspects:

- The role of spatial and environmental planning
- Permitting and review procedures
- Critical sectoral regimes
- Horizontal measures

This book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews.

The book is subdivided into six main themes:
1. General
2. Public participation
3. Environmental impact assessment
4. Water
5. Nature
6. Land use

Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection.

The types of large scale projects, planned as well as ‘under construction’ in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports,...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields,...), waste projects (incineration, landfill,...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects,...), climate projects (CDM projects,...), water projects, etc.

In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic “Environmental and Planning Law Aspects of Large Scale Projects”. The conference focused more specifically on the following aspects:

- The role of spatial and environmental planning
- Permitting and review procedures
- Critical sectoral regimes
- Horizontal measures

This book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews.

The book is subdivided into six main themes:
1. General
2. Public participation
3. Environmental impact assessment
4. Water
5. Nature
6. Land use

Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection.

The types of large scale projects, planned as well as ‘under construction’ in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports,...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields,...), waste projects (incineration, landfill,...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects,...), climate projects (CDM projects,...), water projects, etc.

In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic “Environmental and Planning Law Aspects of Large Scale Projects”. The conference focused more specifically on the following aspects:

- The role of spatial and environmental planning
- Permitting and review procedures
- Critical sectoral regimes
- Horizontal measures

This book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews.

The book is subdivided into six main themes:
1. General
2. Public participation
3. Environmental impact assessment
4. Water
5. Nature
6. Land use

Governments, companies, environmental associations and citizens all over the European Union (EU) are struggling with large scale projects. On the one hand large scale projects can contribute to economic development, on the other hand they often also raise environmental concerns. Because of their size and potential impact, large scale projects usually lead to heavy debates and quickly become of great symbolic value. Consequently, large scale projects are excellent examples of the difficulty to balance economic development with environmental protection.

The types of large scale projects, planned as well as ‘under construction’ in the EU, are very diverse. One can think of all kinds of infrastructure projects (motorways, railways, waterways, stations, ports, airports,...), building projects (offices, housing projects, sports stadiums, redevelopment of brownfields,...), waste projects (incineration, landfill,...), energy projects (electricity and gas networks, wind farms, biogas installations, heat networks, extraction projects,...), climate projects (CDM projects,...), water projects, etc.

In order to promote the legal thinking about all kinds of environmental and planning law aspects of large scale projects, Hasselt University and KU Leuven, Campus Brussels jointly hosted from 10 to 12 September 2014 the second European Environmental Law Forum (EELF) Conference, with as central topic “Environmental and Planning Law Aspects of Large Scale Projects”. The conference focused more specifically on the following aspects:

- The role of spatial and environmental planning
- Permitting and review procedures
- Critical sectoral regimes
- Horizontal measures

This book offers a selection of the contributions presented at the EELF Conference. They have all been submitted to two double-blind peer reviews.

The book is subdivided into six main themes:
1. General
2. Public participation
3. Environmental impact assessment
4. Water
5. Nature
6. Land use

Introduction

Part I. General
. Chapter 1. Environmental Aspects of State Aid for Energy Investment Projects
. Chapter 2. The New 2014 Regulation on Noise-Related Restrictions at EU Airports. Help or Hurdle to Noise Management?
. Chapter 3. The EU and the Participation of Civil Society in Large Projects
. Chapter 4. From Host to Investor: Enhancing the Sustainability of CDM Forest Carbon Projects

Part II. Public Participation
. Chapter 5. Legislative Validation in Times of Environmental Democracy: Going Beyond the Deadlock or a Road to Nowhere?
. Chapter 6. Controversies about Projects or Plans Passed by Law in Spain. Environmental Impact . Assessment, Right to Take Part and Access to Justice on Environmental Issues
. Chapter 7. The Implementation of the Second Pillar of the Aarhus Convention in Italy: The Need for Reform and for Introduction of the So-Called ‘Deliberative Arenas’

Part III. Environmental Impact Assessment
. Chapter 8. Trans-Boundary Environmental Impact Assessment in Cross-Border Oil and Gas Pipelines: What Lessons Can Be Learned from the Espoo Convention and the EU EIA Directive
. Chapter 9. Environmental Impact Assessment to Support Marine Innovation: The ‘Rochdale Envelope’ and ‘Deploy & Monitor’ in the UK’s Ocean Energy Industry

Part IV. Water
. Chapter 10. The Case for Smart Governance in European Water Law
. Chapter 11. Coal-Fired Power Plants under EU Water Law: The Phasing-Out Requirement of Priority Hazardous Substances – An Obstacle to the Permission of Coal-Fired Power Plants?
. Chapter 12. The Permissibility of Projects for Interbasin Water Transfer under the Prism of the EU Water and Environmental Legislation

Part V. Nature
. Chapter 13. Assessment and Authorisation of Plans and Projects Having a Significant Impact on Natura 2000 Sites
. Chapter 14. Compensatory Measures for Large-Scale Projects in European Nature Conservation Law after the Briels Case

Part VI. Land Use
. Chapter 15. Land Use Regulation in the UK and the Role of the Court
. Chapter 16. Public Participation in Land Management Law-Making Process in the Basque Country: Effects on Soil and Other Natural Resources

Conclusion. Reconciling Conflicting Values: A Call For Research on Instruments to Achieve Quasi-Sustainability