Planning, Environment and Property Newsletter - Spring 2023 Edition

Welcome to the Spring 2023 edition of the 39 Essex Planning Environment & Property Newsletter.

This edition kicks off with an article from Ned Helme looking at the Government’s proposed pilot designation of the first three Highly Protected Marine Areas in English waters, setting out an explanation of their development and positing what else the pilot may have in store.

We then move on to a number of articles on cases across almost the full gamut of the PEP team practice areas:

Richard Wald KC discusses the case of Great Yarmouth BC v Al-Abdin & Ors in which he and Jake Thorold successfully obtained an interim injunction preventing the use of a hotel as asylum seeker accommodation;

James Burton and Daniel Kozelko look at the recent decision in University Hospitals of
Leicester on the use of s.106 obligations to fund NHS care;

Jake Thorold then looks at the Court of Appeal’s judgment in Finch and when it may be relevant to assess the “indirect effects” of a proposed development within an EIA;

Celina Colquhoun considers the case of Armstrong and the ‘death’ of the concept of s73 applications being limited to “minor material amendments”;

Christopher Moss picks up on the Court of Appeal’s decision in Friends of the Earth which explores the approach to interpreting an unincorporated international treaty, the Paris Agreement; and

Lastly, Stephanie David provides an insight into Bristol Airport Action Network Co-ordinating Committee and the consideration of aircraft emissions in planning decisions, as well as highlights two cases to keep an eye out for throughout the rest of 2023 which have recently received permission to proceed.

We hope this edition provides a useful and interesting round up at the end of Hilary Term and wish you all a happy Easter break.

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