Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Planning law weekly: Sizewell C and A47 rulings, Net Zero Teesside Order, Building Safety Act commencement, CMA housebuilding report, solar appeal, and Defra biodiversity net gain guidance

Published on: 29 February 2024

Published by a LexisNexis Planning expert
Legal News
imgtext
Article summary

In this issue:

  • Development consent orders
  • Building Regulations
  • Housing
  • Environmental impact assessment
  • Renewable energy
  • Biodiversity
  • Daily and weekly news alerts
  • New and updated content
  • Latest Q&A
  • Related Documents

Development consent orders

Court of Appeal dismisses challenge to development consent for new nuclear power station (TASC v SOS)

R (on the application of Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero and another company [2023] EWCA Civ 1517 saw the Court of Appeal address, with brevity, two recurring issues about appropriate assessment of schemes under the Habitats Regulations. The first concerned whether infrastructure providing an essential utilities connection for the operation of a development could legitimately be treated as a distinct project. The court held that this turned on the particular facts and was a matter for the decision maker’s evaluative judgment, upholding the Secretary of State’s view that, for the purposes of appropriate assessment, the provision of potable water did not form part of the nuclear power station project. The second question was whether the Secretary of State ought to have undertaken a cumulative assessment covering both projects. Both matters regularly arise in Habitats Regulations assessments of projects...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow