Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy – Exchange Chambers

‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Beauty, Trees and Zoning – Exchange Chambers

‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Power to Amend a Proposals Map – to correct a manifest error – Exchange Chambers

Posted February 14th, 2020 in chambers articles, environmental protection, local government, news, planning by sally

‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Can the aviation industry reach a net of zero carbon emissions by 2050? – 4 KBW

Posted February 11th, 2020 in airlines, airports, environmental protection, news by sally

‘The aviation industry is currently responsible for around 2% of carbon emissions globally each year, and this is forecast to triple by 20502. With this projected rate in mind, members of the Sustainable Aviation coalition, which includes most major airlines and airports, as well as aerospace manufacturers, are planning to sign a commitment to reach zero net carbon emissions by 2050, with a third of the reduction being achieved through carbon offsetting.’

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4 KBW, 7th February 2020

Source: www.4kbw.net

Green Space borough-wide preventative injunctions: the view from the Court of Appeal – Local Government Lawyer

‘Steven Woolf examines the Court of Appeal’s recent decision and guidance on Green Space borough-wide preventative injunctions.’

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Local Government Lawyer, 7th February 2020

Source: www.localgovernmentlawyer.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update Christopher Badger considers a new report from the Committee on Climate Change, progress of the Agriculture Bill and a briefing paper from DEFRA putting plastic waste back on the agenda.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk

Environmental Law Podcast – January 2020 – Six Pump Court

Posted February 6th, 2020 in environmental protection, news, podcasts by sally

‘The first environmental law news podcast of 2020 presented by Christopher Badger and Mark Davies in association with LexisPSL, is now available.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk

New Judgment: R (Samuel Smith Old Brewery (Tadcaster) & Ors) v North Yorkshire County Council [2020] UKSC 3 – UKSC Blog

Posted February 6th, 2020 in environmental protection, local government, news, planning, Supreme Court by sally

‘This issue in this appeal was whether the local planning authority, properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework.’

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UKSC Blog, 5th February 2020

Source: ukscblog.com

Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt – Local Government Lawyer

‘The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Planning consent and community benefits – Law Society’s Gazette

‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’

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Law Society's Gazette, 3rd January 2020

Source: www.lawgazette.co.uk

UK sued for approving Europe’s biggest gas power station – The Guardian

Posted January 30th, 2020 in climate change, energy, environmental protection, judicial review, news, planning by tracey

‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

Environmental Law News Update – Six Pump Court

Posted January 29th, 2020 in agriculture, bills, climate change, environmental protection, news, waste by sally

‘In this latest Environmental Law News Update Christopher Badger considers a new report from the Committee on Climate Change, progress of the Agriculture Bill and a briefing paper from DEFRA putting plastic waste back on the agenda.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk

Naturalist who wanted to rewild family farm loses 15-year legal battle with his brother, as judge rules he cannot prevent sale – Daily Telegraph

‘A naturalist who wanted to rewild the family farm has lost a 15-year legal battle with his brother after a judge ruled he cannot prevent the sale.’

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Daily Telegraph, 23rd January 2020

Source: www.telegraph.co.uk

Environmental Law News Update – Six Pump Court

Posted January 17th, 2020 in bills, climate change, environmental protection, local government, news, nuisance by sally

‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Mark Davies consider the Wellbeing of Future Generations Bill, the Dutch Supreme Court’s ruling in the Urgenda litigation and the role of local authorities in climate change and nuisance law.’

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Six Pump Court, 15th January 2020

Source: www.6pumpcourt.co.uk

Prison sentences for fly-tippers as government announces new ‘waste police’ unit – Daily Telegraph

Posted January 16th, 2020 in environmental protection, hazardous substances, news, prosecutions, waste by sally

‘Fly-tippers will face prison, the environment secretary has said, as the government announces a new “waste police” unit.f

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Daily Telegraph, 15th January 2020

Source: www.telegraph.co.uk

Resident fails in High Court challenge to planning consent for sand and gravel extraction project – Local Government Lawyer

Posted January 16th, 2020 in environmental protection, judicial review, news, planning by sally

‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’

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Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Priti Patel defends inclusion of Extinction Rebellion on terror list – Home Office

‘The home secretary, Priti Patel, has defended anti-terror police for putting the Extinction Rebellion environmental protest group on a list of extremist ideologies, saying it was important to look at “a range of security risks”.’

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Home Office, 13th January 2020

Source: www.theguardian.com

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site – Local Government Lawyer

‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’

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Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Environmental Law News Update – Six Pump Court

Posted December 4th, 2019 in climate change, environmental protection, news, political parties, pollution by sally

‘In this latest Environmental Law News Update, Mark Davies, Angelica Rokad and William McBarnet consider the first ever televised climate change debate, coverage of environmental issues in the Conservative election manifesto and the recent prosecution of Weetabix for polluting the River Ise.’

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Six Pump Court. 3rd December 2019

Source: www.6pumpcourt.co.uk