The following Planning practice note provides comprehensive and up to date legal information covering:
Biodiversity net gain is a principle which aims to leave the natural environment in a measurably better state after development than beforehand.
Current national planning policy in England, contained in the National Planning Policy Framework (NPPF) requires:
plans to be informed by a sustainability appraisal that demonstrates how the plan has addressed relevant economic, social and environmental objectives, including opportunities for net gains (para 32)
plans to identify and pursue opportunities for securing measurable net gains for biodiversity (para 174b)
planning policies and decisions to contribute to and enhance the natural and local environment by, among other things, minimising impacts on and providing net gains for biodiversity (para 170d)
local planning authorities (LPAs), when determining planning applications, to encourage opportunities to incorporate biodiversity improvements in and around developments, especially where this can secure measurable net gains for biodiversity (para 154d)
The 25-year environment plan, published in January 2018, set out a commitment by the government to strengthen the existing NPPF requirements on net gain. It contained an announcement that the government would consult on whether a mandatory requirement should be introduced for development in England to deliver biodiversity net gain to ensure required development could proceed while improving the environment by more than compensating for biodiversity loss where it could not be avoided or mitigated.
In December 2018, the
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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