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SITING OF NUCLEAR POWER STATIONS AND ‘PARTICIPATING LAW’ : EDITORIAL : (2008) 20 ELM 119
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limitation of this kind on local standi is instrumental to the ‘efficiency’ of this decision
making process, but if narrowly construed, there is the danger that it would satisfy
neither the Aarhus Convention nor the procedural dimension to Article 8 of the
European Convention. Once again, this can be resolved through a responsible stance
on the part of the sponsor of the bill, who will realise that opposing a petition from
NGOs and the like is more trouble than it is worth.
32 Sewage operators, like Birmingham
Corporation in its famous nineteenth In the final analysis, it must be emphasised that the hybrid bill procedure will not
century nuisance law defeat (AG v guarantee sponsors a victory, for the history of the private bill/hybrid bill method
Birmingham Corporation (1858) 4 K throws up as many failures for the sponsor as successes. What commends it to us is
32
and J 536), failed in their attempts to
enact private legislation conferring that it has the best chance of ensuring that the decision, whatever its outcome, is
immunity from common law riparian arrived at efficiently, fairly and credibly overall. That is why it should be given serious
rights. consideration as an alternative to the fatally compromised Planning Bill.
Ben Pontin and Zainab Khan

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