More Planning & Environmental Resources

Articles and Comment

Environmental enforcement—looking ahead to 2016 (Jan 2016)
A look ahead to the likely developments in 2016 in the area of environmental enforcement.
Christopher Badger

Environmental enforcement—2015 in review (Jan 2016)
A look at the most significant developments that have affected the area of environmental enforcement in 2015.
Christopher Badger

The Autumn Statement for environment and energy lawyers (Nov 2015)
Richard Banwell and Christopher Badger contribute to an analysis of the most important features of the Autumn Statement 2015 for energy and environment lawyers in Lexis PSL expert analysis and industry comment.

Planning Permission Decision quashed due to apparent bias  (Oct 2015)
Commentary on Kelton v Wiltshire Council [2015] EWHC 2853 (Admin).
Stuart Jessop

Environmental Permit Revocation and Appeals to the Planning Inspectorate: a Case Note
(Oct 2015)
Commentary on a recent case in which he was Leading Counsel for a waste recycling operator. His commentary, provided here concerns the appeal in a case against a revocation notice by the Environment Agency of a waste transfer permit in respect of which the Agency is regulator.
Richard Barraclough QC

Planning Policy Under the New Government – a briefing (Oct 2015)
At a Westminster Briefing event entitled ‘Planning Policy under the new Government’ on 29th September, William Upton outlined the planning reforms currently underway and the direction of the new government’s planning policy.

Transboundary Environmental Impact Assessment and Risk (Feb 2015)
This article published in the journal, Environmental Law and Management, analyses the Court of Appeal’s judgment in R (on the application of An Taisce) (The National Trust for Ireland) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1111.
Frances Lawson

The EU Recommendation on Hydraulic Fracturing and it’s Implementation in the UK (Feb 2015)
This article analyses the legal and environmental issues surrounding the European Commission’s recent Recommendation regarding hydraulic fracturing (‘fracking’). She also assesses the implications for its implementation in the UK and the government’s response.
Frances Lawson

Common Law Liability for Flood Damage (Sept 2014)
Paper on “Common law liabilities for flood damage: Flood me, Flood me not”  originally published in the UKELA’s e-law
William Upton

Costs and Landlords’ Liability in Nuisance: Coventry v Lawrence (July 2014)
This article, published in LexisNexis PSL, analyses the latest decision in Coventry v Lawrence which deals with the landlord’s potential liability in nuisance and the vexed question of the recovery of CFA uplifts and ATE insurance premiums.
William Upton

Coventry v Lawrence and the Law of Nuisance (March 2014)
This article in the ‘Environmental Law Monthly’, summarises and comments on the implications of the recent Supreme Court judgment in Coventry v Lawrence and comments on the wider implications for the law of nuisance and the remedies used to protect property rights.
Nicholas Baldock


Some of our Recent Notable Cases

R (on the application of Padden) v Maidstone Borough Council & Others (2014)
Judicial review of planning permission for extensive recreational fishing lake development involving retrospective application of planning permission where environmental impact assessment required. Planning permission was quashed.  This case has become one of the rare but important authorities on the law concerning retrospective planning permission. [2014] EWHC 51 (Admin).  Reported at  [2014] Env LR 20.

Koumis v Secretary of State and the London Borough of Enfield (2014) 
Successfully defended the London Borough of Enfield’s position in the Court of Appeal regarding whether a variation, or purported variation, under s.173A of the Town and Country Planning Act 1990 (as amended) can render an already valid enforcement notice a nullity.
[2014] EWCA Civ 1723

Coventry v Lawrence (2014)
Seminal case on nuisance and planning law. A motorsport noise nuisance case, where the points of law of public interest includes the extent to which a planning permission may change the extent to which a common law claim can be brought in nuisance by a neighbour. This is an issue that has troubled lawyers for years.
[2014] UKSC 13.  Reported at [2014] 2 P & CR 2, [2014] 2 All ER 622

R (on the application of Nicholas Perry) v London Borough of Hackney and Newmark Properties Ltd and Sainsburys Properties Ltd (2014)
Challenge to grant of permission for mixed use development in Stoke Newington, but significant issue over confidentiality of viability assessments, disclosure and access to information. Also challenge to assessment of EIA screening and Heritage Assets. Challenged two grants of planning permission by the local authority for a large scale retail development and supermarket.
[2014] EWHC 3499 (Admin) and [2014] EWCA Civ 1372 Court of Appeal – on disclosure application

R (on the application of Mouring) v West Berkshire Council (2014) (no link available)
A local authority had failed to carry out the exercise that was essential in considering a warehouse development which fell within the scope of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The local authority should have appreciated that the development was capable at least of falling within sch.2 of the Regulations and thus required an environmental impact assessment.
[2014] EWHC 203 (Admin)

R (on the application of XPL Ltd) v Harlow District Council (2014) (no link available)
Breach of condition notice served on bus depot running scheduled bus services to prevent buses departing prior to 0800. Whether notice prohibited activities outside those prohibited by condition, whether interpretation against operator made site unworkable as a bus depot. Meaning of industrial and commercial activities.
[2014] EWHC 3860 (Admin)

R (on the application of A4 Recycling Ltd) v. Secretary of State for Communities and Local Government (2014)
Recycling business that had formerly only scrapped vehicles sought retrospective planning permission for uses on the site. Whether importing metal onto the site in a form other than vehicles was a new use. Whether Inspector entitled to judge as a matter of fact and degree if a use was immune from enforcement and had to be treated as a fallback position.
[2014] EWHC 2524 (Admin)