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Planning, Environment and Property Newsletter – June 2015

Peter Village QC, Stephen Tromans QC, Richard Harwood OBE QC, Justine Thornton QC, Ned Helme, Philippa Jackson, Daniel Stedman Jones, Victoria Hutton, Jonathan Darby

09th July 2015

Welcome to the Planning, Environmental and Property June 2015 Newsletter.

In this month’s double issue of the 39 Essex Chambers’ Planning and Environmental Law Newsletter, we have a range of contributions that bear out Lewison LJ’s comment in Savage v Mansfield DC [2015] EWCA Civ 4 that “environmental considerations are playing an ever greater role in the determination of planning applications.” Justine Thornton examines recent cases which have looked at the Habitats and Birds regulatory regime. Stephen Tromans QC writes about the difficulties that the courts are having in striking an appropriate and predictable balance when imposing pollution fines on sometimes very large multi-million pound operators. Peter Village QC and Ned Helme report on some welcome clarity from the court on the meaning of “not inappropriate” in the context of Green Belt policy in the NPPF.

Finally, the newsletter includes two articles on two subjects with important implications for procedure in England and Wales. First, Jonathan Darby has been involved in the latest skirmish in an ongoing war for the future of London’s South Bank. He details the Court of Appeal’s significant judgment on the issue of apparent or actual bias in planning inquiries in Turner v SSCLG [2015] EWCA Civ 582. Second, Richard Harwood OBE QC updates us about important reforms that have been introduced to the planning application and appeals process in Wales this month.

Thanks for your interest. We hope you enjoy this month’s newsletter.

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