Welcome to the Spring 2022 edition of 39 Essex Planning, Environment and Property newsletter.
In this newsletter we bring you some extremely thought provoking reflections from Stephen Tromans QC on the fact that certain allegedly ‘hot’ and new topics in environmental and energy law are in fact very long running sagas which have yet to be effectively resolved.
We also publish Gethin Thomas’ article on progress with the UK’s plan and programme adaptation to climate change following COP26 and the Glasgow Adaptation Imperative with reflections on its potential efficacy.
On the planning side Philippa Jackson and Celina Colquhoun provide some useful case summaries which look at the Court of Appeal’s judgment on the challenge to the latest amendments to permitted rights in R (on the application of Rights: Community: Action) v The Secretary of State for Housing, Communities and Local Government  EWCA Civ 1954 as well as a recent case of Cab Housing Limited v The Secretary of State for Levelling Up, Housing and Communities  EWHC 208 (Admin) which interprets the meaning of prior approval issues under Class AA. We also look at the judgment of Mrs Justice Lang in Payne v Secretary of State for Housing, Communities and Local Government, Maldon District Council  EWHC 3334 (Admin) which is a relatively rare example of the Courts considering planning enforcement orders and also provides a useful reminder of the factors that give rise to new planning units.
Lastly James Burton provides an insightful heads up on the case of Hillside Parks Ltd v Snowdonia National Park Authority  EWCA Civ 1440 which has raised questions about overlapping or ‘drop in’ permissions and has wide implications for the development industry and which is now heading for the Supreme Court.
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