Environmental impact assessment, strategic environmental assessment and appropriate assessment

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Section 106 insights—part three—common obligations and common pitfalls, particularly agreed carbon targets and contributions, employment and training obligations, and Grampian obligations

Retained EU law—a guide for the perplexed

The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

Challenges to the validity of retained EU law

The following Corporate Crime news provides comprehensive and up to date legal information on Challenges to the validity of retained EU law

Lexis®PSL Planning monthly highlights—September 2015

The following Planning news provides comprehensive and up to date legal information on Lexis®PSL Planning monthly highlights—September 2015

Featured Planning content

Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

Grounds of appeal—introducing new evidence

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Planning conditions—the six tests

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....

9th Nov

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

9th Nov

Practice notes

Keeping planning permission alive

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...

9th Nov

Practice notes

Overview of the EU legal system

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Environmental impact assessment, strategic environmental assessment and appropriate assessment content

Practice notes

Environmental Impact Assessment and the Habitats Directive

IntroductionWhere EU law requires an environmental impact assessment (EIA) of a proposed development project to be undertaken, that assessment will...

Produced in partnership with Heather Sargent of Landmark Chambers 15th Jan

Practice notes

Habitats and wildlife issues for developers

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...

15th Jan

Q&As

If a planning application has been granted on the basis of there being imperative reasons of overriding public interest (IROPI) and as a result compensatory measures have been granted, what would happen to the planning permission if the grounds on which the IROPI case was made out no longer exist? Would the compensation measures still stand?

The Council Directive 92/43/EEC 21 May 1992 (Habitats Directive) seeks to protect European sites from damage by plans or projects affecting those...

Produced in partnership with Joanne Hannah of Winkworth Sherwood LLP 15th Jan

Practice notes

Environmental impact assessment—screening and scoping

IntroductionEnvironmental impact assessment (EIA) aims to protect the environment by ensuring that a local planning authority (LPA), in deciding...

15th Jan

Practice notes

Environmental impact assessments and Development Consent Orders

ContextThe Planning Act 2008 (PA 2008) sets out a development consent regime for nationally significant infrastructure projects (NSIPs) in the fields...

15th Jan

Practice notes

Strategic Environmental Assessment

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Dentons 15th Jan

Practice notes

Procedural requirements for environmental statements and decisions on EIA applications

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

Habitats, wildlife and landscape issues for developers and landowners in Scotland

This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and...

Produced in partnership with Jamie Whittle of R&R Urquhart 15th Jan

Scottish Law

Practice notes

Strategic Environmental Assessment Directive—snapshot

IntroductionTitle EU Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain...

Produced in partnership with Dentons 15th Jan

Practice notes

Appropriate assessment under the Habitats Directive

The EU Habitats Directive 92/43/EEC (OJ L 206, 22.7.1992) (EU Habitats Directive), as it continues to have effect in the EU aims to promote the...

15th Jan

Practice notes

Appropriate assessment under the Habitats Regulations—checklist for developers

IntroductionThe Habitats Regulations Assessment (HRA) requirements require the assessment of 'plans or projects' that may have a 'likely significant...

15th Jan

Practice notes

Biodiversity net gain in England

What is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a measurably better state after...

15th Jan

Brexit

In-house

Practice notes

Areas of outstanding natural beauty

What are AONBs?Areas of outstanding natural beauty (AONBs) are areas of countryside in England and Wales outside national parks which are designated...

15th Jan

Practice notes

Environmental impact assessments—key points

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

15th Jan

Practice notes

The EU Birds Directive—summary

The EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010) (the EU Birds Directive) (as it...

15th Jan

Practice notes

Sites of Special Scientific Interest (SSSIs)

What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) give legal protection to the best sites for wildlife and...

15th Jan

Practice notes