This Practice Note outlines the test for standing in judicial review (JR) proceedings and specifically looks at standing in the context of environmental law judicial reviews. It was produced in partnership with Landmark Chambers. It covers the sufficient interest test, claimants and funding.
This Practice Note considers the use of protective costs orders (PCOs) in judicial review (JR) proceedings for environmental matters, produced in partnership with Landmark Chambers. It explains what a PCO is, and when they can be used in environmental matters. It covers access to justice and costs under the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention), the application of the Civil Procedure (Amendment) Rules 2013, SI 2013/262 (CPR), PCOs in an Aarhus Convention claim and PCOs in non-Aarhus claims under CPR. It also covers the changes regarding costs protection in judicial reviews after the entry into force of sections 88–90 of the Criminal Justice and Courts Act 2015.
This Practice Note provides guidance on the general principles of compensation following a compulsory purchase order (CPO). It explains: the general principles of compensation; what the ‘Compensation Code’ is; the basis for compensation, including market value of land taken, severance and injurious affection, disturbance and fees; planning assumptions in valuing land; the date of valuation; the time limit for bringing a claim; blight; when compensation is payable for the execution or continued use of works or for interference with an easement or other right; and reforms in the Neighbourhood Planning Act 2017.
This Practice Note explains the circumstances in which development may be permitted in the green belt. It covers the meaning of ‘very special circumstances’, the construction of new buildings, change of use, renewable energy and recreation in the green belt in England (under the National Planning Policy Framework) and Wales (under Planning Policy Wales).
This Practice Note explains: policy relating to green belts, with reference to the National Planning Policy Framework; the presumption against inappropriate development in the green belt unless very special circumstances can be demonstrated; purposes of including land in green belt; how boundaries are determined; the removal and establishment of green belt land; and how green belt land use swaps work.
This Practice Note considers the two main routes by which a claimant may challenge a High Court decision: judicial review and statutory challenge. It focuses on key grounds of challenge and common issues in environmental challenges. It was produced in partnership with Alistair Mills of Landmark Chambers.
This Practice Note provides guidance on mineral planning policy in England and Wales, including: the definition and types of minerals; national policy; Minerals Planning Authorities and their functions; planning applications; constrained areas; procedural aspects; minerals local plans; minerals planning orders; and review of minerals planning conditions.
This Practice Note summarises the provisions pursuant to which a statutory planning challenge can be brought. It explains the scope of challenges which can be brought under TCPA 1990, ss 287 and 288, P(LBCA)A 1990, s 63, P(HS)A 1990, s 22 or PCPA 2004, s 113. It explains who has standing to bring a statutory planning challenge, the applicable statutory time limits for commencing proceedings, what the grounds of claim focus on, and procedural matters under the applicable Civil Procedure Rules.
This Practice Note explains the key provisions of the Planning (Wales) Act 2015 (P(W)A 2015). It covers: the background to P(W)A 2015; objectives of P(W)A 2015; sustainable development; development planning, including the National Development Framework, strategic planning and local development planning; applications direct to Welsh Minister for developments of national significance; development managements; enforcement and appeals; and town and village greens.
This Practice Note provides guidance on the application procedure for TVGs. It covers: who can apply, exclusions from the right to apply (‘trigger events’), the application requirements including required supporting evidence, the time limits for registration and landowner’s statements.
This Practice Note covers: the background for registration of town and village greens (TVGs) under both the Commons Registration Act 1965 (CRA 1965) and the Commons Act 2006 (CoA 2006), the 1965, 2014 and pioneer commons registration authorities and the introduction of separate processes for pioneer and non-pioneer areas, the content of TVG registers and how the TVG register can be amended by way of correction, rectification and deregistration in England and Wales, in both the pioneer and non-pioneer areas.
This Practice Note provides guidance on the characteristics and requirements of town and village greens (TVGs). It explains: the legislative context and provisions of the Commons Act 2006; and the statutory requirements for registration, including the burden of proof, lawful sports and pastime, discounted use and meaning of ‘significant number of inhabitants’ and ‘as of right’.
This Practice Note explains the importance of sites inscribed as World Heritage Sites (WHSs) by the United Nations Educational, Scientific and Cultural Organisation (UNESCO). It covers the number and location of WHSs; protection of WHS settings; and how WHSs are taken into account in the planning system in terms of permitted development rights, planning application requirements and what considerations apply to the determination of applications for development of or near WHS.
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