Monthly Nationally Significant Infrastructure Projects Update

The London planning team at Herbert Smith Freehills has been heavily involved in the infrastructure planning world for many years. We have acted on some of the biggest and most high-profile nationally significant infrastructure project (NSIP) applications to go through the Planning Act 2008 process, from the Hinkley Point and Sizewell new nuclear power stations … Read more

The Environment Act 2021 – Biodiversity net gain and its implementation

On 9 November 2021, after two years as a Bill and a final period of ping pong between the Houses of Parliament, the Environment Bill received Royal Assent and became the Environment Act 2021 (EA 2021). The majority of the EA 2021 is not yet in force – only the Office for Environmental Protection (OEP) … Read more

New year’s resolutions for the Electronic Communications Code

Since its revision in 2017, the Electronic Communications Code (the Code) has been the subject of much debate and confusion on the part of both operators and occupiers (being the landowner or person who is able to grant Code rights) as parties struggle to align their conflicting interests and objectives with regards to the implementation … Read more

UK National Security and Investment Act – in force today

The UK National Security and Investment Act 2021 comes into force today, 4 January 2022.  Although the majority of real estate transactions are unlikely to give rise to national security concerns the potential application of the new regime must be considered as the consequences of falling within it could be significant. We have updated our … Read more

When is a road a “road”?

For the unwary and unprepared, the legislative terminology and powers surrounding what might casually be called a “road” or “path” can be a maze. A recent case is a useful reminder of the potential consequences of failing to proactively prevent public use of a private route. Statutes use different, overlapping words or phrases to describe … Read more

Back to basics – the Community Infrastructure Levy (CIL)

Although the Community Infrastructure Levy (CIL) has been with us for over a decade, it continues to feel new (perhaps because the government keeps changing it) and, thanks to the regime’s complexity and rigidity, can throw up some unwelcome surprises. The recent case of Stonewater (2) Ltd v Wealden DC – in which an affordable … Read more