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

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

Cost implications at the permission stage for those bringing judicial reviews

This blog was first posted on Herbert Smith Freehills Public Law Notes. In a rare intervention on the question of costs, the Supreme Court has confirmed in CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 that those bringing claims for judicial review and statutory challenges can face exposure to multiple sets of … Read more

New Residential Property Developer Tax (RPDT) – technical consultation

Update 27 October 2021 – At the Autumn Budget and Spending Review 2021, the Chancellor of the Exchequer confirmed that the RPDT will be charged at 4% on profits exceeding an annual allowance of £25 million. For more see our Autumn Budget blog post here. Following a consultation held earlier this year on the proposed … Read more

Public Law Podcast: The Judicial Review and Courts Bill

This blog was first posted on Herbert Smith Freehills Public Law Notes – see here. In the latest episode of our Public Law Podcast, Andrew Lidbetter and Nusrat Zar are once again joined by Vikram Sachdeva QC of 39 Essex. They consider the implications of the Judicial Review and Courts Bill introduced into Parliament in … Read more

Consultation on proposed Building Safety (Gateway 2) Levy

In July, we wrote about the coming into force on 1 August 2021 of Planning Gateway One, the first of three new stop/go “Gateways” within the new building safety regime. At that point we awaited details of the proposed “Gateway Two Levy”, the second of the two means by which the government is seeking contributions … Read more