A consent granted by the Secretary of State under the Planning Act 2008 for the construction and operation of a nationally significant infrastructure project in England for transport, energy, water or waste. A DCO combines a grant of planning permission with certain other separate consents, including listed building consent.

What are deemed marine licences? The Planning Inspectorate (PINS) examines applications for nationally significant infrastructure projects (NSIPs) under the Planning Act 2008 (PA 2008). See Practice Note: Examination of nationally significant infrastructure projects—general. Where such applications involve projects in certain areas—mainly in the English inshore and offshore areas (see: Geographical scope of DMLs below), PA 2008, s 149A enables development consent orders (DCOs) for NSIPs to include provisions deeming a marine licence to have been issued under sections 65–115 of the Marine and Coastal Access Act 2009 (MCAA 2009). However, in practice, developers may still wish to submit a separate application for a marine licence directly from the Marine Management Organisation (MMO) rather than seeking to have it deemed by a DCO as this route in some cases will be more efficient. The marine licence consents for the Hinkley Point C new nuclear development project are an example of this approach. Role of the Marine Management Organisation The MMO has a number of roles in relation to a deemed

This Practice Note explains the main statutory models of development corporation used in England, what they are used for, how they are established, and the key powers and planning considerations for practitioners advising promoters, landowners, local authorities and other stakeholders. What is a development corporation? A development corporation is a statutory body corporate created to deliver development, regeneration or a new settlement in a defined area, using a package of powers that typically includes land assembly, development, infrastructure delivery and (for some models) planning functions. Development corporations are created under different statutory routes. In England, the principal models are provided for by the New Towns Act 1981 (NTA 1981), Part 16 of the Local Government, Planning and Land Act 1980 (LGPLA 1980), and Part 8 of the Localism Act 2011 (LA 2011). The choice of route determines: (a) who designates the area and establishes the corporation, and (b) which powers and duties are available and how planning functions can be conferred. Types of development corporation in England New town development corporation A new town development corporation

Procurement structure As shown in the Development procurement structure—chart the relationship between the third parties with an interest in a construction project will be governed by various development documents. Not all of these documents will be needed for every project, but the following documents could be necessary depending on the parties involved and the project structure: • Agreement for lease—if a tenant has agreed to take a lease of the property once construction is completed an agreement for lease will usually be entered into. See Practice Note: Agreements for lease for construction lawyers • Forward Purchase Agreement—a commercial property developer may wish to sell the development as soon as it is completed. In this instance a forward purchase agreement could be used setting out how and when the property will be transferred. If the purchaser is also providing finance for the development a forward funding and purchase agreement (or development funding agreement) might be used • Facility Agreement—if a purchaser is not funding the development the developer is likely to enter into a facility agreement with a funder to finance the

Planning analysis: In Howell v Waveney DC, the Planning Court found that development carried out in breach of a pre-commencement condition was capable of lawfully implementing the planning permission for a wind turbine. The particular condition requiring certain details of the wind farm to be notified to the local planning authority (LPA) did not go to the heart of the planning permission, relying on the decision in Hart Aggregates. The development was lawfully commenced—the breach did not render it unlawful.

The National Planning Policy Framework (NPPF) sets out national policy on development in the green belt in England. The objective of green belt policy is to prevent urban sprawl by keeping land permanently open. The essential characteristics of green belts are their openness and permanence. The NPPF distinguishes between plan-making policies, set out in policies GB1–GB5, and national decision-making policies, set out in policies GB6–GB8. This Practice Note focuses primarily on the national decision-making policies. For information about the establishment, assessment and alteration of green belt boundaries, see Practice Note: Green belts. Planning Practice Guidance (PPG) sets out guidance on green belt. Assessment of proposed development's harm Policy GB6 of the NPPF provides that development in the green belt is inappropriate, unless it falls within one of the categories in policy GB7. Inappropriate development is, by definition, harmful to the green belt and should not be approved except in ‘very special circumstances’. ‘Very special circumstances’ will not exist unless the potential harm to the green belt by reason of inappropriateness, and

We have assumed that the redline plan accompanying the planning application does not include any land outside the development site and that the planning application does not propose any improvement works to the servient land in respect of the right of way. Practice Note: Planning obligations—key points sets out who can be required to be a party to a planning obligation under section 106 of the Town and Country Planning Act 1990 (TCPA 1990). TCPA 1990, s 106 enables anyone with 'an interest in land' to enter into a planning obligation. Parties can only bind their own interest in the land

date [date] Parties 1 [name of Company] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] (Company) 2 [name of Development Manager] of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Development Manager) 1 Definitions In this Agreement, the following definitions apply: Additional Development Fee • any additional fee payable by the Company to the Development Manager for an Additional Service; Additional Service • any additional service that the Company instructs the Development Manager to provide in accordance with clause 10; Anti-Bribery Laws • BA 2010 [and any other Legislation relating to the prevention of bribery or corruption] [(including any similar or equivalent legislation in any other relevant jurisdiction)]; Appointment • a deed to be entered into by the Company or the Building Contractor (if applicable) with each member of the Professional Team [ [substantially] in the form [of the respective drafts] attached to this Agreement at Appendix 7]; Approval • any approval, consent, permission and licence of any Competent Authority from time to time necessary so as lawfully to enable the Company to carry out the Works and complete the Development; Architect

Context Humans are increasingly influencing the climate and the earth's temperature by burning fossil fuels, cutting down rainforests and farming livestock. All of this adds enormous amounts of greenhouse gases to those naturally occurring in the atmosphere, increasing the greenhouse effect and global warming. Some gases in the earth's atmosphere act a bit like the glass in a greenhouse, trapping the sun's heat and stopping it from leaking back into space. Many of these gases occur naturally but human activity is increasing the concentrations of some of them in the atmosphere, in particular: • carbon dioxide (CO2) • methane • nitrous oxide • fluorinated gases CO2 is the greenhouse gas most commonly produced by human activities and it is responsible for the majority of man-made global warming. Other greenhouse gases, such as methane and nitrous oxide, are emitted in smaller quantities, but they trap heat far more effectively than CO2. Rising emissions are caused by: • burning fossil fuels (ie coal, oil and gas), which produces CO2 and nitrous oxide

Property development is an essential part of the activities of all those involved in the real estate sector, whether they are property developers or carrying out work on their own investment properties. Development can range from minor refurbishment to major alterations, through to completely new construction. Those carrying on these activities are principally subject to tax under general rules, but there are also some provisions which apply specifically to property development. Property can be developed either for commercial use, residential use or a combination of the two, such as where flats are built over commercial space at street level. There is much similarity between the issues that can arise in relation to the development of commercial and residential property but there are also differences. In any development it is also necessary to consider indirect tax issues as well as direct tax issues. This Practice Note considers direct tax considerations which arise in particular on the development of land for commercial use. This Practice Note is focused on the position of landowners

This Practice Note considers the indirect tax issues which can arise on the development of land. These issues often arise irrespective of whether the land is intended for residential use or otherwise, but there are some specific tax rules which apply in the residential context. The direct tax issues which arise on commercial property development transactions are considered in Practice Note: Development of commercial property—direct tax considerations and the tax issues which arise where land is developed for residential use are considered in Practice Notes: Development of residential property—direct tax considerations and Development of residential property—indirect tax issues. The tax considerations involved in both commercial development and residential development are compared and contrasted in Commercial development v residential development (tax issues)—checklist. The indirect tax issues considered in this Practice Note are only an introduction to those which will arise on a typical development project. Each project will have its own intricacies, from the most simple residential conversion to the largest shopping centre development. The issues considered below are also generally covered in more detail in the

ARCHIVED: this Practice Note is for historical reference. It considers the background and development of electronic working in the courts and includes a summary of electronic working schemes which have ended. For information regarding ongoing electronic working provisions, see: • electronic working pilot scheme under CPR PD 51O—Practice Notes: Electronic working and CE-File—when and where is CE-File applicable? and Electronic working and CE-File—how to use CE-File • electronic filing under CPR PD 5B—Practice Note: Electronic communication and filing of documents by email—CPR PD 5B • County Court—certain County Court claims and applications can be issued and filed electronically—see Practice Notes: County Court money claims—how and where to issue and Where to issue County Court claiStarting civil claims in the County Courtms • Supreme Court—Practice Note: Supreme Court—general provisions and considerations Background to the introduction of electronic working (eWorking) It has long been recognised that an effective IT system in the courts is essential for cases to be processed efficiently and expediently, not least because of the time and costs savings