Brexit—the implications for English and Welsh planning law and practice

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Brexit—the implications for English and Welsh planning law and practice
  • Areas of legislative change—EU-derived planning law
  • Interpretation of EU case law post Brexit
  • Special development order granting planning permission for urgent border facilities
  • Future change

Brexit—the implications for English and Welsh planning law and practice

On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU, a process known as Brexit.

On 29 March 2017, the UK government served formal notice under Article 50 of the Treaty on European Union (TEU) to terminate the UK's membership of the EU.

Negotiations between the UK and the EU relating to the withdrawal of the UK from the EU commenced in June 2017 and culminated in the Withdrawal Agreement, an international treaty implemented in domestic law by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020).

Under the terms of the Withdrawal Agreement, as of Exit Day (11pm on 31 January 2020) the UK ceased being a EU Member State. However, in accordance with the transitional arrangements provided in Part 4 of the Withdrawal Agreement, the UK entered an implementation period during which the UK continued to be treated by the EU as a Member State for many purposes, see: Brexit—introduction to the Withdrawal Agreement.

The implementation period ended at 11pm on 31 December 2020. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime.

The

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