Planning issues in energy projects

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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 9th Nov

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 9th Nov

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 9th Nov

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 9th Nov

Most recent Planning issues in energy projects content

Q&As

What use class under the Town and Country Planning (Use Classes) Order 1987 would a wind turbine farm fall into?

The Town and Country Planning (Use Classes) Order 1987 (UCO), SI 1987/764 puts uses of land and buildings into various categories known as 'use...

29th Nov

Practice notes

Planning for climate change

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

29th Nov

Practice notes

Offshore wind—permits and permissions

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Produced in partnership with Helen Mitcheson of Trowers & Hamlins LLP 29th Nov

Practice notes

The planning regime for hydraulic fracturing (fracking) in England

This Practice Note summarises the planning regime for hydraulic fracturing, also known as fracking, in England. While the process is similar in...

29th Nov

Practice notes

The planning regime for nuclear new build in England and Wales

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Produced in partnership with Burges Salmon 29th Nov

Practice notes

Permitted development rights for renewable energy technologies

The Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418 (in Wales) and the Town and Country Planning (General Permitted...

29th Nov

Practice notes

The planning regime for radioactive waste disposal in England and Wales

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Produced in partnership with Burges Salmon LLP. 29th Nov

Practice notes

Planning policy on renewable energy in England

The importance of renewable and low carbon energyThe general principles of planning policy in England apply to renewable energy developments. However,...

29th Nov

Practice notes

Nuclear Power Generation National Policy Statement

Brexit impact—Euratom and the UK Nuclear SectorThis Practice Note contains information on subjects impacted by the UK’s withdrawal from the EU at 11...

Produced in partnership with Burges Salmon 28th Nov

Practice notes

Energy installations—application procedure for Electricity Act consent

IntroductionFollowing the introduction of the development consent regime under the Planning Act 2008 (PA 2008), the need to apply for consent under...

Produced in partnership with Matthew Collinson of Igloo Energy 28th Nov

Practice notes

Renewable Energy Directive 2009/28/EC—snapshot

TitleDirective 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources...

Produced in partnership with Laura Bolado 28th Nov

Practice notes

Site selection and application requirements for onshore wind developments

The National Policy Statement for Renewable Energy Infrastructure (the Renewables NPS) provides guidance on potential onshore wind farm impacts,...

28th Nov

Practice notes

Consents for onshore renewable generating stations

What is a 'generating station'?There are a number of different legislative definitions of a ‘generating station’ depending on the context; however,...

Produced in partnership with Matthew Collinson of Igloo Energy 28th Nov

Practice notes

Mitigating the impacts of onshore wind farms

The National Planning Policy Framework (NPPF) encourages local planning authorities to design their local policies to maximise renewable and low...

28th Nov

Practice notes

Technical Advice Note 8: planning for renewable energy in Wales

Policy contextTechnical Advice Note (TAN) 8 provides technical advice to supplement the policy set out in Planning Policy Wales (PPW), and should be...

28th Nov

Practice notes

Energy from waste—consents

Energy from Waste (EfW) plants fall into three broad categories:•anaerobic digestion (AD) (a process that uses bacteria to decompose waste) (see...

28th Nov

Practice notes

Regulation of energy from waste

All waste facilities, including energy from waste (EfW) incinerators, are regulated to prevent or minimise any risks to the environment or health....

28th Nov

Practice notes

The planning regime for decommissioning nuclear facilities in England and Wales

BackgroundDecommissioning nuclear facilities is the process of dealing with redundant nuclear facilities that have reached the end of their...

Produced in partnership with Burges Salmon LLP. 27th Nov

Practice notes

Environmental permits for energy from waste plants

What is Energy from Waste (EfW)?Energy from waste (EfW) involves taking waste and turning it into a useable form of energy from a sustainable energy...

27th Nov

Practice notes

Energy installations—consent under section 36 of the Electricity Act 1989

IntroductionFollowing the introduction of the development consent regime under the Planning Act 2008 (PA 2008), the need to apply for consent under...

Produced in partnership with Matthew Collinson of Igloo Energy 27th Nov