The following Planning practice note provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.
The Habitats Regulations Assessment (HRA) requirements require the assessment of 'plans or projects' that may have a 'likely significant effect' on a European site. Such plans or projects can only proceed if the competent authority is convinced they will not have an 'adverse effect on the integrity of a European site'. If the plan or project will have adverse effects, or if there is uncertainty over its effects, it can only be granted consent if certain 'derogations' apply. See Practice Notes: Habitats Directive 92/43/EEC—snapshot, Implementation of the Habitats Directive in England and Wales and Appropriate assessment under the Habitats Directive.
The HRA requirements only apply to 'a plan or projects'. The legislation does not define the terms 'plan or project' but they are generally taken to have a very broad meaning, covering a wide range of activities.
If the activity is not a plan or project, there
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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