Planning Act 2008 meaning

What is embodied carbon and why is it important? There is no single, settled definition of ‘embodied carbon’ in planning legislation or policy. In general, it refers to the greenhouse gas emissions tied to constructing a building—and, depending on the assessment’s scope, dismantling it at end of life—as opposed to the ‘operational carbon’ arising from the building’s use. Together, embodied and operational carbon contribute to a building’s whole‑life carbon emissions. Although progress is still required, the real estate industry has made notable advances in cutting operational carbon, from energy‑efficient lighting to on‑site solar PV, which means embodied carbon is becoming relatively more significant. While embodied carbon has not historically received the same attention as operational carbon, there is now broad recognition that it must be rigorously measured and assessed if the built environment is to support the government’s legally binding objective of reaching net zero by 2050, as enshrined in the Climate Change Act 2008. How is embodied carbon assessed in the planning system? It is, perhaps,...

Latest progress The Bill won third-reading approval in the Commons on 10 June 2025 by 306 votes to 174, clearing its final Commons obstacle, thereby completing its journey through that House. A Commons Library briefing issued on 5 June 2025 identified the main report-stage flashpoints and now serves as the peers’ baseline analysis considering the report stage. The Lords took receipt of the Bill on 12 June 2025 and granted it a second reading on 25 June 2025, paving the way for rigorous scrutiny. A total of four committee-stage days are timetabled: 17 July 2025, 24 July 2025, 2 September 2025 and 4 September 2025, on those dates. On 12 June 2025, Wild Justice lodged a judicial review contending that Part 3 unlawfully weakens habitats protection, with the Office for Environmental Protection joining as an interested party. See: LNB News 23/06/2025. Environmental NGOs continue to press peers to remove or drastically rewrite Part 3, calling it a ‘licence to kill nature’, continuing to apply pressure. Key changes at...

Original news Dean v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1998 (Admin); [2017] All ER (D) 72 (Aug). The Planning Court concluded that the grant of a PEDL under section 3 of the Petroleum Act 1998 (PA 1998) was not entirely constrained by the statutory licensing code, so the Secretary of State could agree to alter the licence terms. Consequently, it rejected the claimant’s case that the deed varying the licence was ultra vires, and dismissed his application for judicial review. What was the background to the case? In 2008 the defendant issued a PEDL conferring exclusive rights on the licensees to search, drill for and recover hydrocarbons within a defined geographic area. The licence period was split into three stages: a stage for the licensee to undertake the agreed works programme of seismic and geological surveys a stage to obtain Oil and Gas Authority approval of a field development plan a production stage ...

Note This Practice Note addresses the law currently applying in England. In Wales, the position is governed by the Social Services and Well-being (Wales) Act 2014 together with the relevant statutory instruments. For Welsh guidance, see the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales Local authority duties to looked after children in Wales Local authority duties to children in Wales—child protection NB: this Practice Note also cites earlier legislation and statutory guidance, as certain linked materials give useful background and include templates that continue to be used during pre-proceedings. The Public Law Outline (PLO) originated in 2008 as part of reforms to care proceedings. It was subsequently updated by the PLO 2014 and the Children and Families Act 2014, which introduced a 26-week limit for completing care and supervision proceedings. See Practice Note: Public law children procedure—Public Law Outline. These changes place greater weight on work undertaken before proceedings commence. Providing support and...

Scope of this Practice Note This Practice Note sets out the main types of radioactive waste and examines disposal against the EU-defined waste hierarchy. It places contemporary management of radioactive waste within the historical development of the nuclear industry from a planning standpoint. Principal policy documents are reviewed to chart the evolution of government thinking over time. Geological disposal of Higher Activity Waste (HAW) under the Planning Act 2008 (PA 2008) is compared with alternative disposal routes under the Town and Country Planning Act 1990 (TCPA 1990) and the Planning (Wales) Act 2015. Consultation duties, application processes and required consents are identified for both regimes. Notable planning appeals and judicial review cases are highlighted before looking at international approaches to radioactive waste. What is radioactive waste? In the UK, radioactive waste arises—and will arise—from past, current and future programmes for electricity generation from nuclear fission, the reprocessing of nuclear fuel, the development of nuclear weapons, the nuclear submarine fleet and wastes from radioactive materials used for civil...

Context Numerous statutory regimes confer compulsory purchase powers for defined aims on designated bodies (see Practice Note: Sources and limits of compulsory purchase powers). Ordinarily, authority to compel acquisition is given through a compulsory purchase order (CPO). The specified body, known as the acquiring authority, makes the order, which is then confirmed by the confirming authority—either the minister empowered to authorise compulsory acquisition, an inspector appointed to act on the minister’s behalf, or in certain circumstances the acquiring authority itself. This Practice Note concentrates on the steps for promoting a CPO governed by the Acquisition of Land Act 1981 (ALA 1981). ALA 1981 covers the majority of compulsory acquisitions undertaken by public bodies. Distinct procedures can, however, apply where compulsory acquisition is embedded within development consent orders under the Planning Act 2008 (PA 2008). That route is outside the scope of this Practice Note; for guidance see: Practice Notes—Compulsory acquisition for NSIPs—introduction and principles; Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation; and Compulsory acquisition for NSIPs—examination, making...

1 Definitions Biodiversity Gain • the biodiversity gain target set out in Schedule 7A to the TCPA 1990, together with any comparable obligation, tax or levy; CIL • the Community Infrastructure Levy brought in by sections 205—225 of the Planning Act 2008 (and/or any equivalent tax or levy); CIL Liability • the sum that the Buyer, acting reasonably, considers it will be required to pay by way of CIL in respect of the Development, calculated in accordance with clause 2.2; CIL Regulations • the Community Infrastructure Levy Regulations 2010, SI 2010/948 (as amended); [ Condition • the Buyer obtaining Satisfactory Planning Permission; ] Development • the use of the whole or any part of the Property for [ insert a detailed description of the Development including the maximum and minimum number of units/floorspace etc ]; Expert • an individual with at least [ 10 ] years’ post-qualification experience, including significant relevant expertise relating to the subject matter of the dispute;...

Stop press : The Levelling up and Regeneration Act 2023 obtained Royal Assent on 26 October 2023. This content is presently under review to ensure consistency with the Act. The Community Infrastructure Levy (CIL) originates in section 205 of the Planning Act 2008 (PA 2008) and took effect in 2010. It permits local authorities to levy a charge on new developments within their area where a new dwelling is created or additional floor space of 100sqm or more is provided. The detailed provisions are contained in the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948, made pursuant to PA 2008...