Planificación

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Artículos Recientes

  •  
    23/02/2024
    Scotland

    Scottish wildcat group’s challenge to windfarm permission unsuccessful

    Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire. The Court held that Wildcat Haven had failed to establish that the decisions were attended by any error of law and there was therefore no scope for intervention by the court.In June 2023 Vattenfall’s application for the construction of a new wind farm in Clashindarroch Forest was granted under section 36 of the Electricity Act 1989 by the Scottish Ministers. The petitioners, Wildcat Haven,...
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  •  
    12/02/2024
    United Kingdom

    Biodiversity Net Gain comes into force - what does it mean for you?

    It has been over 2 years since the concept of mandatory Biodiversity Net Gain (BNG) was introduced  by the Environment Act 2021. After months of delay, today the provisions finally come into force. It is no question that the UK is in a biodiversity crisis. This new statutory framework aims to radically change the interplay between new development and biodiversity conservation and will require the vast majority of new development to deliver at least a 10% increase in its biodiversity value. New development will therefore not only be nature neutral but will legally be required to be nature positive...
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  •  
    06/02/2024
    United Kingdom

    Discussing Dennis: Breaking into planning jail - A new JR ruling on the severability of planning permissions

    Another case has recently emerged on the vexed question of the compatibility of subsequent planning permissions for development on the same site.  In R (Dennis) v London Borough of Southwark[1], (“Dennis”) a local resident challenged the decision by the London Borough of Southwark Council (the “Council”) to allow a non-material amendment to an outline planning permission (“OPP”) granted in August 2015 for the redevelopment of the Aylesbury Estate. Purportedly, the amendment was made to ensure complinace with the law following the landmark case Hillside Parks...
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  •  
    05/02/2024
    England and Wales

    Government consultation on requirement for information about contractual controls on land

    Summary The Government has launched a consultation on new regulations which will require the provision of certain information about agreements used to control registered land in England and Wales, intended to secure the land for residential, commercial or mixed-use development. The Government proposes that there will be a more transparent, publicly available data set of where and how land is under control, short of outright ownership. The regulations are expected to commence in April 2026 and will affect not only new agreements, but also existing agreements entered into from April 2021 and...
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  •  
    05/02/2024
    United Kingdom

    Seeing the wood for the trees: Government updates Consultation Direction to capture development affecting ancient woodland

    On 26 January, the Government introduced a new duty requiring local planning authorities to consult the Secretary of State regarding developments that impact ancient woodland. For many years, a direction has been in place requiring planning applications for certain forms of development to be referred to the Secretary of State before local planning authorities (“LPAs”) may grant permission (“Consultation Direction”). The new Consultation Direction creates a further procedural hurdle for developments to surpass if they harm this unique habitat. Background During...
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  •  
    29/01/2024
    United Kingdom

    Nuclear Power Generation Beyond 2025: Consultation begins for a new National Policy Statement

    On 11 January, the Department for Energy Security and Net Zero (DESNZ) opened a consultation (see link here) seeking views on the proposed policy approach for a new nuclear National Policy Statement (NPS) specific to new nuclear power generation beyond 2025 .The current nuclear NPS for nuclear power generation (up to 2025), EN-6, was published in 2011 and provides a framework for assessing development consent applications for new nuclear power stations expected to deploy by the end of 2025. It sets out the need for new nuclear energy and provides guidance to the Planning Inspectorate, developers,...
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