Published on: 24 February 2023
Published by a LexisNexis Planning expert
The Action Plan observes that, although the current consenting route for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008 (PA 2008) has served the UK effectively, the demands and challenges it must meet are evolving. The volume and sophistication of schemes is rising, and cumulative impacts—especially within offshore wind and the electricity networks sector—call for new remedies. There has been growth in the average time taken to decide whether to award development consent, growth in the quantity of documentation produced throughout the process, and growth in the tally of projects exposed to legal challenge.
Against that backdrop, the government aims for the NSIP consenting system to deliver sound decisions, accelerate application handling, secure better environmental outcomes, treat communities more fairly, and be stronger in terms of resourcing. To achieve this, the Action Plan outlines 18 measures that the DLUHC is implementing, and will implement alongside other responsible government departments, to overhaul the NSIP framework so it can meet forthcoming infrastructure requirements: ensuring it keeps pace with rising project numbers, greater complexity, and cumulative impacts across key sectors nationwide.
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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