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Planning issues in energy projects

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Latest Planning News

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

The following Local Government news provides comprehensive and up to date legal information on Approach to the breach of conditions attached to a Planning Permission (Royale Parks v SSCLG)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Court of Appeal clarifies the legal test of public nuisance to a landowner’s capacity to dedicate higher public rights to existing public rights of way (Garland v Secretary of State for Environment, Food and Rural Affairs)

Planning weekly highlights—29 July 2021

Planning weekly highlights—29 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—29 July 2021

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

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 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?

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...
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1st Aug
Q&As

The Electricity Generating Stations (variation of consents) (England and Wales) Regulations 2013, SI 2013/1570, reg 5(5)(v) requires that public notices indicate a place which is reasonably accessible to those likely to be affected by the proposed development where copies of the application may be inspected. Is there any exemption from this requirement as a consequence of the current coronavirus (COVID-19) pandemic?

The Electricity Generating Stations (variation of consents) (England and Wales) Regulations 2013, SI 2013/1570, reg 5(5)(v) requires that public...
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1st Aug
Practice notes

Waste to energy—technologies

Waste to energy—technologiesEnergy from waste is energy that is recovered by various technologies. Recyclable material should be removed first and...
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Produced in partnership with WSP Environmental 31st Jul
Practice notes

Energy installations—application procedure for Electricity Act consent

Energy installations—application procedure for Electricity Act consentIntroductionFollowing the introduction of the development consent regime under...
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Produced in partnership with Matthew Collinson of Igloo Energy 31st Jul
Practice notes

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

Energy installations—consent under section 36 of the Electricity Act 1989IntroductionFollowing the introduction of the development consent regime...
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Produced in partnership with Matthew Collinson of Igloo Energy 31st Jul
Practice notes

The planning regime for hydraulic fracturing (fracking) in England

The planning regime for hydraulic fracturing (fracking) in EnglandThis Practice Note summarises the planning regime for hydraulic fracturing, also...
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31st Jul
Practice notes

The planning regime for nuclear new build in England and Wales

The planning regime for nuclear new build in England and WalesThis Practice Note focuses on the planning regime for new nuclear build facilities. It...
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Produced in partnership with Burges Salmon 31st Jul
Practice notes

Consents for onshore renewable generating stations

Consents for onshore renewable generating stationsWhat is a 'generating station'?There are a number of different legislative definitions of a...
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Produced in partnership with Matthew Collinson of Igloo Energy 31st Jul
Practice notes

Mitigating the impacts of onshore wind farms

Mitigating the impacts of onshore wind farmsThe National Planning Policy Framework (NPPF) encourages local planning authorities to design their local...
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31st Jul
Practice notes

Nuclear Power Generation National Policy Statement

Nuclear Power Generation National Policy StatementBrexit impact—Euratom and the UK Nuclear SectorAs of 31 January 2020 (exit day), the UK ceased to be...
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Produced in partnership with Burges Salmon 31st Jul
Practice notes

Planning for climate change

Planning for climate changeEffective spatial planning is an important part of a successful response to climate change, as it can influence the...
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31st Jul
Practice notes

Regulation of energy from waste

Regulation of energy from wasteAll waste facilities, including energy from waste (EfW) incinerators, are regulated to prevent or minimise any risks to...
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31st Jul
Practice notes

Planning policy on renewable energy in England

Planning policy on renewable energy in EnglandThe importance of renewable and low carbon energyThe general principles of planning policy in England...
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31st Jul
Practice notes

Renewable Energy Directive 2009/28/EC—snapshot

Renewable Energy Directive 2009/28/EC—snapshotTitleDirective 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the...
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Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd 31st Jul
Practice notes

The planning regime for decommissioning nuclear facilities in England and Wales

The planning regime for decommissioning nuclear facilities in England and WalesBackgroundDecommissioning nuclear facilities is the process of dealing...
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Produced in partnership with Burges Salmon LLP. 31st Jul
Practice notes

Energy from waste—consents

Energy from waste—consentsBrexit impactAs of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it has entered an implementation...
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31st Jul
Practice notes

Environmental permits for energy from waste plants

Environmental permits for energy from waste plantsWhat is Energy from Waste (EfW)?Energy from waste (EfW) involves taking waste and turning it into a...
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31st Jul
Practice notes

Permitted development rights for renewable energy technologies

Permitted development rights for renewable energy technologiesThe Town and Country Planning (General Permitted Development Order) 1995, SI 1995/418...
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31st Jul
Practice notes

Offshore wind—permits and permissions

Offshore wind—permits and permissionsLegislative and policy context for offshore wind development in the UKUnder EU Directive 2009/28/EC (the EU...
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Produced in partnership with Helen Mitcheson of Trowers & Hamlins 31st Jul
Practice notes

The planning regime for energy storage in England and Wales

The planning regime for energy storage in England and WalesIntroductionThis Practice Note looks at planning issues associated with energy storage in...
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Produced in partnership with Paul Maile and Duncan Williams of Eversheds Sutherland 31st Jul

Popular documents

Hearsay evidence in civil litigation

Hearsay evidence in civil litigation

Hearsay evidence in civil litigationThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.This Practice

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

Pre-action disclosure—the application

Pre-action disclosure—the application

Pre-action disclosure—the applicationThis Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings

Proprietary estoppel

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice