The following Planning practice note provides comprehensive and up to date legal information covering:
The Waste Water National Policy Statement (NPS) sets out government policy for the provision of nationally significant waste water infrastructure in England. The NPS is used to guide decision making on development consent applications for waste water developments that fall within the definition of a Nationally Significant Infrastructure Project (NSIP) as defined in Planning Act 2008 (PA 2008). See Practice Notes: National Policy Statements, Application procedure for nationally significant infrastructure projects and Permission for nationally significant infrastructure projects.
Waste water, commonly referred to as sewage, is generally a mixture of domestic waste water from baths, sinks, washing machines and toilets, and waste water from industry. Waste water NSIPs, to which the NPS applies, are defined in PA 2008, s 29 as:
the construction of waste water treatment plants in England which are expected to have a capacity exceeding a population equivalent of 500,000 when constructed
the construction of infrastructure for the transfer or storage of waste water where the works will be carried out wholly in England and the infrastructure will (when constructed) be wholly in England, the main purpose of the infrastructure will be the transfer of waste water for treatment or the storage of waste water prior to treatment (or both), and the infrastructure is expected to have a capacity for the storage of waste water exceeding 350,000
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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
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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