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Environmental impact assessment, strategic environmental assessment and appropriate assessment

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Latest Planning News

Planning weekly highlights—22 July 2021

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Planning weekly highlights—15 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Challenging traffic regulation orders—(experimental low traffic neighbourhood orders)—Road Traffic Regulation Act 1984; public sector equality duty and ‘due regard’ to Equality Act 2010 s149; adequacy of consultation with ‘other relevant organisations’—Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (R (oao Sheakh) v LB Lambeth)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

‘Principal elevation’ is referred to in the exceptions and conditions to various permitted development rights in Part 1 of Schedule 2 to the Town and...

Planning policy in Wales

Planning policy in Wales

Planning policy is contained primarily within national policy documents and the development plan.Welsh national planning policy is contained...

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Building regulations—enforcement

Building regulations—enforcement

Building regulations—enforcementThe Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984)....

Q&As

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...
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Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May
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...
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19th May
Practice notes

Material change of use

Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...
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19th May
Practice notes

The EU Birds Directive—summary

The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...
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19th May
Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

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

What is a town or village green?

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes

Determining planning applications—material considerations

Role of material considerations in planning decisionsWhen considering an application for planning permission or permission in principle, section 70(2)...
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19th May
Practice notes

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...
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19th May
Practice notes

Applying for planning permission—procedure

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

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...
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19th May
Practice notes

Presumption in favour of sustainable development

Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...
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19th May
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...
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19th May
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...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes

The Crichel Down Rules

The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...
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19th May
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...
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19th May
Practice notes

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...
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19th May

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

Practice notes

Biodiversity net gain in England

Biodiversity net gain in EnglandWhat is biodiversity net gain?Biodiversity net gain is a principle which aims to leave the natural environment in a...
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25th Jun
tag iconBrexit tag iconIn-house
Practice notes

Species Protection

Species ProtectionBrexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the...
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24th Jun
Practice notes

Habitats Directive 92/43/EEC—snapshot

Habitats Directive 92/43/EEC—snapshotTitleCouncil Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora of 21 May...
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24th Jun
Practice notes

Non-statutory designated areas

Non-statutory designated areasConserving biodiversitySection 40 of the Natural Environment and Rural Communities Act 2006 (NERCA 2006) places a duty...
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21st Jun
Practice notes

Marine conservation zones

Marine conservation zonesMarine conservation zonesPart 5 of the Marine and Coastal Access Act 2009 (MCAA 2009) provides a power, across most of UK...
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15th Jun
Practice notes

Sites of Special Scientific Interest (SSSIs)

Sites of Special Scientific Interest (SSSIs)What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) give legal...
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15th Jun
Q&As

Is it possible to enter into a deed under section 106 of the Town and Country Planning Act 1990 for development carried out under permitted development rights, in a scenario the development would not be a permitted development because of the need for an Environmental Impact Assessment (EIA), but if mitigation put forward in a s 106 deed could be secured, no EIA would be required?

Is it possible to enter into a deed under section 106 of the Town and Country Planning Act 1990 for development carried out under permitted...
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6th Jun
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?

If a planning application has been granted on the basis of there being imperative reasons of overriding public interest (IROPI) and as a result...
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Produced in partnership with Jo Hannah of Winckworth Sherwood 5th Jun
Q&As

What legislation protects priority habitats? What powers does Natural England have over priority habitat which has not been designated a site of special and scientific interest, special protection area or special areas of conservation? Does it have control over how the land should be managed?

What legislation protects priority habitats? What powers does Natural England have over priority habitat which has not been designated a site of...
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Produced in partnership with Hannah Payne of Browne Jacobson 5th Jun
Q&As

What is the key legislation concerning protection of nesting birds and their hibernation?

What is the key legislation concerning protection of nesting birds and their hibernation?Certain species of animals (including wild birds) are...
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5th Jun
Q&As

Do you have guidance on specific considerations when granting an easement re underground cables to be situated in a Local Nature Reserve which is also a Site of Special Scientific Interest, Special Areas of Conservation and Special Protection Areas?

Do you have guidance on specific considerations when granting an easement re underground cables to be situated in a Local Nature Reserve which is also...
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5th Jun
Q&As

How should the Natural Environment and Rural Communities Act 2006, section 7 management agreements be used? Can Natural England impose such an agreement on a landowner or occupier? Can these agreement be used on any land or only land designated as a site of special scientific interest? How do these agreements work alongside a Wildlife and Countryside Act 1981, s 28J management scheme?

How should the Natural Environment and Rural Communities Act 2006, section 7 management agreements be used? Can Natural England impose such an...
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5th Jun
Q&As

Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?

Who can bring a prosecution for breaches of the Conservation of Habitats and Species Regulations 2017, SI 2017/1012?The Conservation of Habitats and...
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Produced in partnership with Peter Ware of Browne Jacobson 5th Jun
Q&As

At what point in the process of a review of a neighbourhood plan is information submitted to the competent authority to comply with the Neighbourhood Planning (General) Regulations 2012, SI 2012/637, Sch 2 ((relating to the Conservation of Habitats and Species Regulations 2017, SI 2017/1012)?

At what point in the process of a review of a neighbourhood plan is information submitted to the competent authority to comply with the Neighbourhood...
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5th Jun
Practice notes

Environmental impact assessments and Development Consent Orders

Environmental impact assessments and Development Consent OrdersContextThe Planning Act 2008 (PA 2008) sets out a development consent regime for...
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5th Jun
Practice notes

Implementation of the EU Habitats Directive in England and Wales

Implementation of the EU Habitats Directive in England and WalesUK implementationEU Council Directive 92/43/EEC (OJ L 206, 22.7.1992) on the...
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5th Jun
Practice notes

Strategic Environmental Assessment Directive—snapshot

Strategic Environmental Assessment Directive—snapshotIntroductionTitle EU Directive 2001/42/EC of the European Parliament and of the Council of 27...
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Produced in partnership with Dentons 5th Jun
Practice notes

Environment Agency guidance for planning applications in England

Environment Agency guidance for planning applications in EnglandIntroductionPlanning applications have to be determined in accordance with the...
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5th Jun
Practice notes

Preparing an environmental statement

Preparing an environmental statementContextEnvironmental impact assessment (EIA) is an assessment of a project’s likely significant environmental...
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5th Jun
Practice notes

Appropriate assessment under the Habitats Directive

Appropriate assessment under the Habitats DirectiveThe EU Habitats Directive 92/43/EEC (OJ L 206, 22.7.1992) (EU Habitats Directive), as it continues...
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5th Jun

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Entrapment

Entrapment

Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so. The House of Lords said that, although entrapment is not a

179. List of offences triable either way.

179. List of offences triable either way.

Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1)     offences at common law of public nuisance3; (2)     an offence at common law of outraging public decency4; (3)     administering an oath etc

Robbery

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made