Mandatory Biodiversity Net Gain, in due course…

DEFRA released their response to the responses on the consultation in relation to the proposals for mandatory 10% biodiversity net gain in July, with it having been confirmed by the (then) Chancellor of the Exchequer in the Spring Statement that the forthcoming Environment Bill would mandate biodiversity net gain for development (housing and commercial, not … Read more

Risky business: building on a flood plain

Everyone likes a river view, but building near water can have unexpected challenges! Even when the river itself is out of sight, any development on a flood plain can have potential environmental impacts on drainage and flooding – an increasing concern in the context of climate emergency. A failure to obtain planning permission for development … Read more

CRC Reform – Energy usage to be reported in financial statements

News of what is to become of the CRC (formerly Carbon Reduction Commitment) Scheme post-2019 has finally arrived, in the form of a new Government consultation from the Department of Business, Energy and Industrial Strategy (BEIS) issued on 12th October 2017*: the obligation to buy allowances to cover energy usage will cease and be replaced by an increase … Read more

The new EIA Regulations: what has actually changed?

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 came into force on 16 May 2017, implementing the 2014 EU Directive. Similar regulations have also come into force under the infrastructure planning regime. Largely, the new regulations are a fairly extensive and, in places, trivial set of amendments. The question is, will they have a tangible … Read more

Election ‘purdah’ is no excuse for non-publication of revised air quality plan

Author: Julie Vaughan, Senior Associate, Environment, London Yesterday, a spokesman for the Prime Minister announced that the Government won't be pursuing an appeal to the High Court's decision of 27 April 2017, in which the Government failed in its attempt to delay publication for consultation of its revised air quality plan until after the 8 … Read more

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and statutory challenges now have the ability to vary previously fixed costs caps or remove them … Read more

Air quality – further developments this week

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London There have been a number of developments in relation to air quality since our blog post last week: Revision of the National Emissions Ceilings Directive was agreed at EU level. The Committee on Climate Change queried the Government's ability to meet … Read more

Air quality update

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London This blog gives an overview of the current position on air quality following the recent ClientEarth (No.2) court decision regarding DEFRA's air quality plan. In this blog we will consider: the ClientEarth (No.2) decision Sadiq Khan's approach new domestic legislation? impact … Read more