Planning, Environment and Property Newsletter – February 2016

Planning, Environment and Property Newsletter – February 2016


CategoryNews, Newsletters Author Richard Harwood OBE QC, Stephen Tromans QC, John Pugh-Smith, Kelly Stricklin-Coutinho, Philippa Jackson, Daniel Stedman Jones, Victoria Hutton, Jonathan Darby Date

Welcome to the Planning, Environment and Property Newsletter – February 2016.

In this February edition of our Planning, Environmental and Property newsletter, five members of chambers have contributed with articles on a range of subject matters, namely: contaminated land, EIA screening, State aid and the prior approval of details.

Stephen Tromans QC and Victoria Hutton have provided an overview of a Part 2A Inquiry in which they represented the appellant who had been served with a remediation notice by Walsall District Council. The appeal has been called in by the Secretary of State and being only the second Inquiry of its kind, the decision will certainly be one to watch out for.

John Pugh-Smith’s article sets out a review of the case of R(oao Silke Roskilly) v Cornwall Council & Shire Oak Quarries Limited [2015] EWHC 3711 (Admin) in which he represented the claimant in a challenge to a grant of planning permission for buildings and facilities to enable the re-opening of a dormant gabbro quarry within the Lizard Peninsula’s AONB. The case serves as a warning to local planning authorities who grant permission without waiting for a screening direction which has been requested from the Secretary of State.

Kelly Stricklin-Coutinho provides a summary of the European Commission’s State aid investigation into the UK’s plan to support Drax in converting part of a power plant from coal into biomass. No doubt the investigation, and its outcome, will have wide ranging repercussions for the government’s future approach to energy policy.

Finally, Richard Harwood QC gives an overview of the law surrounding prior approval of details. It is taken from his new book ‘Planning Permission’. We are pleased to announce that the book is due to be published early March. The book covers the need for planning permission, permitted development, planning applications, appeals and call-ins along with High Court challenges to those decisions. The book also covers other means of obtaining planning permission, such as Local Development Orders, and discusses the relevant proposals in the Housing and Planning Bill.

It is a thorough work on the law and a useful guide to practice in England and Wales, at 1200 pages including appendices. The appendices are the relevant parts of theTown and Country Planning Act 1990, the Development Management Procedure Order 2015, General Permitted Development Order 2015 and the Use Classes Order, along with the appeal rules and regulations. The book is published by Bloomsbury Professional (click here for full details) and priced at £130. For details of discounts available please contact Richard: richard.harwood@39essex.com

As ever, thanks for your interest. We hope you enjoy this month’s newsletter.

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