Heritage and natural environment

Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...

For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note. To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed. Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land. This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements. What are street-opening powers? Section 10 and Schedule 4 of the...

On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...

[ State name of public authority ] [ Give public authority address, with postcode ] [ Supply the public authority’s email address, or the email of the specific employee/officer ] For the attention of: [ if you possess the name of a specific employee/officer at the public authority ]......

The need for environmental protection Septic tanks and small sewage treatment plants handle domestic sewage where properties are not linked to the mains network. In England, waste water should be directed to the public foul sewer whenever doing so is reasonable. When judging reasonableness, the Environment Agency ( EA) considers relative cost, physical obstacles and environmental gains. It will typically deem connection reasonable where any boundary of the premises lies within 30 metres of a public foul sewer for a single domestic property, or within a distance calculated as 30 metres multiplied by the number of houses for multi-property developments. For premises that are not entirely domestic, the EA also applies a volume-based distance assessment. In Wales, private domestic sewage treatment within a sewered area is only allowed if connection to the public sewer is not feasible. Normally, Natural Resources Wales ( NRW) treats...

On 18 December 2025, the Planning and Infrastructure Act 2025 secured Royal Assent......

The core purpose of green belt policy is to curb urban sprawl by safeguarding land as permanently open. Openness and permanence are the defining features of green belts. Policy National policy for England’s green belts is contained in the National Planning Policy Framework ( NPPF). First issued on 27 March 2012, it has been superseded several times, most recently in December 2024. Under the NPPF, local planning authorities ( LPAs) must establish green belt boundaries and decide applications in line with its green belt policies. Inappropriate development is generally resisted unless very special circumstances can be shown such that the scheme’s benefits clearly outweigh harm to the green belt. The NPPF identifies forms of development regarded as appropriate within the green belt. This is supported by Planning Practice Guidance ( PPG) on the green belt, updated in February 2025 to reflect the...

This Practice Note sets out the appellate court’s power to award costs, including whether those costs may be assessed summarily and/or ordered on an indemnity basis, and whether costs incurred during an appeal can be recovered. It also examines the Supreme Court’s power to make costs orders, together with the specific provisions relating to skeleton arguments. In addition, it covers the respondent’s costs on applications for permission to appeal, as well as costs on settlement, disposal, dismissal or discontinuance of the appeal. For guidance on challenging a costs order, see Practice Note: Appeals against cost orders. This Practice Note does not address recovery of costs under a statutory appeal. Type of work undertaken on appeal The nature of appellate work typically means counsel’s fees are likely to surpass those of the solicitors. Where both counsel and solicitors are instructed on a short appeal, the...

Climate change litigation In recent decades, climate change has assumed increasing prominence. As science has advanced on the drivers of climate change and the present and expected effects of warming, impatience has mounted with the pace of law and policy‑making. This sits alongside ongoing international initiatives, notably the 2015 Paris Agreement, under which parties pledge to cut carbon dioxide and other greenhouse gas ( GHG) emissions so as to keep the rise in global average temperature well below 2.0 degrees above pre‑industrial levels, and to strive to constrain it further to 1.5 degrees. For further details, see Practice Note: The Paris Agreement 2015-snapshot. Consequently, litigants are turning more frequently to the courts, which are confronting climate arguments in diverse forms and fact patterns. Data released in July 2022 show that, in 2021, litigation continued to grow as a channel for climate action. Far from...

This Practice Note gives guidance on the scope and interpretation of section 38 of the Building Act 1984 ( BA 1984) The government signalled that BA 1984, s 38 would commence ‘alongside’ the legislative changes that took effect under the Building Safety Act 2022 on 28 June 2022, but no regulations have yet been published to commence it. Section 38 states that, where a duty set by the building regulations is breached and damage results, the breach is actionable. In effect, parties who do not comply with the building regulations may face civil liability. This Practice Note clarifies what the building regulations cover, who may bring or face claims under BA 1984, s 38, and the damages that might be recovered in a claim relying on s 38. The focus is on those regulatory provisions that prescribe standards for building work, where...

Nutrient pollution and Environment Act 2021 targets In March 2022, the Department for Environment, Food & Rural Affairs ( Defra) issued a policy paper titled ‘ Nutrient pollution: reducing the impact on protected sites’ (the Defra Policy Paper). It set out that England’s protected sites-covering Special Areas of Conservation and Special Protection Areas designated under the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations), together with Sites of Special Scientific Interest-are central to the government’s environmental ambitions, including meeting the Environment Act 2021 objective to stop species decline by 2030, consistent with Defra’s 25- Year Environment Plan. A major driver of deterioration in protected areas is harm from nutrient loading in watercourses. The issue is acute for freshwater environments and estuaries. Elevated nutrient concentrations (notably nitrogen and phosphorus) can accelerate the growth of certain plants, upsetting natural functions and...

Background to Planning Gateway One In the aftermath of the Grenfell Tower tragedy on 14 June 2017, the government asked Dame Judith Hackitt to lead the Independent Review of Building Regulations and Fire Safety. The review stressed the need to overhaul the fire and building safety system and advised that, when local planning authorities ( LPAs) consider planning submissions, certain minimum fire safety matters must be addressed with input from suitably qualified experts. From June 2019 to April 2020, the government consulted on ‘ Building a safer future: proposals for reform of the building safety regulatory system’. This introduced ‘ Planning Gateway One’ in England, comprising two principal elements: requiring developers to submit a fire statement, setting out fire safety considerations specific to the development, with any relevant application for planning permission involving one or more relevant buildings; and ...

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...

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