Bad Timing: More On Appropriate Assessment From Court & Govt Post POW

This is intended to be an update as to appropriate assessment under the Conservation of Habitats and Species Regulations 2017 rather than a blog post on the domestic effect of EU environmental law post-Brexit. But I’ll address that briefly first: EU environmental law post-Brexit The position remains pretty much as summarised in my 18 September … Continue reading “Bad Timing: More On Appropriate Assessment From Court & Govt Post POW”

New Cabinet, Poor Doors, No Windows

La Sagrada Familia = our planning system. Never finished, it now has new architects. I don’t know what new extrusions, reversals or pauses to expect from Robert Jenrick, Esther McVey and the rest of the MHCLG ministerial team yet to be announced. I do know that Robert Jenrick was a member of the Commons Public … Continue reading “New Cabinet, Poor Doors, No Windows”

Secretary Of State Throws Another Curve Ball

My 15 June 2019 blog post National Lottery: 2 Problematic Recovered Appeal Decisions focused on two appeals dismissed by the Secretary of State against inspectors’ recommendations. Well, here is another one, in relation to the Chiswick Curve scheme on the Great West Road within the London Borough of Hounslow, the 19 July 2019 decision letter out … Continue reading “Secretary Of State Throws Another Curve Ball”

Less Than Best Laid Plans: Political Pragmatism

The Secretary of State sent a curious letter to the Planning Inspectorate on 18 June 2019, which was only placed on the Government’s website on 28 June 2019. (The delay may have been to allow PINS to update its procedure guide for local plan examinations). It is in two parts: Sharing information with MHCLG The … Continue reading “Less Than Best Laid Plans: Political Pragmatism”

What Really Is The Meaning Of Lambeth?

We held a dinner party for clients this week and after a certain amount of wine and gossip the conversation turned to a deeper question. What really is the meaning of Lambeth? The Supreme Court judgment’s judgment in London Borough of Lambeth v Secretary of State (Supreme Court, 3 July 2019) had been handed down … Continue reading “What Really Is The Meaning Of Lambeth?”

Another Green World: The South Coast Nitrate Crisis

Local authorities in south Hampshire have been advised by a Government body not to grant permission for most forms of residential development until further notice. Perhaps absurdly, but in desperation, authorities have even been exploring amongst themselves whether they could at least grant planning permission subject to a condition restricting the homes from being occupied, … Continue reading “Another Green World: The South Coast Nitrate Crisis”

No Time To Be 21: Where Are We With Aarhus Costs Protection?

As with blog posts, it is helpful for legislation to have a snappy title. The United Nations Economic Commission for Europe’s Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is therefore better known as the Aarhus Convention, after the city in Denmark where it was signed on … Continue reading “No Time To Be 21: Where Are We With Aarhus Costs Protection?”

National Lottery: 2 Problematic Recovered Appeal Decisions

The exercise of the Secretary of State’s power to call in applications and recover appeals for his own determination is inherently politically charged. This blog post focuses on two recent recovered appeals. The other reverse lottery, of call in, is for another day. The Secretary of State’s policy as to recovering appeals is handily summarised … Continue reading “National Lottery: 2 Problematic Recovered Appeal Decisions”

Chickens**t EIA

An interesting example last week of the legal pitfalls should planning permission be granted on the basis of inadequate environmental impact assessment. Interesting partly because although the messages read straight across to all EIA development, including the glitziest of urban development projects, the specific question arose in a very different context: Did a local planning … Continue reading “Chickens**t EIA”