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Articles by Robert Garden
UK nuclear power planning reforms: updates, impact on data centres, and next steps
The recent planning reforms announced by the Government to boost nuclear power in England and Wales are set to have significant implications for various sectors, including data centres.
Grey Belts & Golden Rules: What new planning reforms could mean for the property sector
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Consultation on revised NPPF launched - dramatic changes as promised for the planning sector
Yesterday, the Government launched an 8 week consultation on changes to the National Planning Policy Framework (NPPF) which is scheduled to run until 11.45pm on 24 September 2024. The draft largely follows through on Labour’s pre-election promises to take “decisive and early” action on planning reform. We outline below the key proposed revisions to the NPPF that emphasise the strong growth-focussed approach this Government intends to take with the planning system.
Consultation on revised NPPF launched - dramatic changes as promised for the planning sector
31/07/2024 Yesterday, the Government launched an 8 week consultation on changes to the National Planning Policy Framework (NPPF) which is scheduled to run until 11.45pm on 24 September 2024.The draft largely follows through on Labour’s pre-election promises to take “decisive... Read more
King’s Speech 2024: Will Labour get Britain back building again?
19/07/2024 Planning reform was centre stage of Labour’s manifesto with some ambitious targets for the new Parliamentary term and now, following the King’s Speech on 17 July 2024, we get a hint of the significant legislative changes that are to come. Here we take a look... Read more
What we can expect from Labour in relation to Planning policies
Following Labour's victory in yesterday's general election, significant changes are on the horizon for the UK's planning system, housing sector, energy landscape, and infrastructure development. We take a look at the key policies we can expect from the new Labour government, starting with likely immediate actions in the coming weeks to turbocharge housebuilding.
Finch: Supreme Court decision on environmental impact assessment regulations and the requirement to assess “scope 3” emissions
Finch: Supreme Court decision on environmental impact assessment regulations and the requirement to assess “scope 3” emissions 21/06/2024 The UK Supreme Court has handed down its much-awaited decision in R (on the application of Finch on behalf of Weald Action Group) (Appellant) v Surrey County Council and others (Respondent) (“Finch”). The case concerned a challenge to a development consent...
The future for fusion: Government consults on National Policy Statement EN-8 for Nuclear Fusion Energy
29/05/2024 The Government is now seeking views for a new National Policy Statement (NPS) for nuclear fusion. Full details of the consultation can be found here. This new NPS, which will be termed ‘EN-8’, is intended to provide both a clear market signal that the UK is... Read more
What we can expect from Labour in relation to Planning policies
05/07/2024 Following Labour's victory in yesterday's general election, significant changes are on the horizon for the UK's planning system, housing sector, energy landscape, and infrastructure development. We take a look at the key policies we can expect from the new Labour... Read more
Nuclear Power Generation Beyond 2025: Consultation begins for a new National Policy Statement
29/01/2024 On 11 January, the Department for Energy Security and Net Zero (DESNZ) opened a consultation (see link here) seeking views on the proposed policy approach for a new nuclear National Policy Statement (NPS) specific to new nuclear power generation beyond 2025 .The... Read more
Navigating the changes: An overview of updated Energy National Policy Statements
01/12/2023 The National Policy Statements were originally designated in 2011. Further to consultation on proposed drafts earlier in the year, revised updates to the Energy National Policy Statements (NPSs) were published on 22 November 2023.The purpose of the NPSs is to... Read more
NPPF updates - Any way the wind blows…?
07/09/2023 The National Planning Policy Framework (NPPF) is an important piece of UK Government policy, which sets out various planning policies for England and details how these should be applied by local planning authorities. On 5 September 2023, the NPPF was updated further... Read more
Faster consents and clearer benefits: UK Government’s initiative for electricity infrastructure expansion
07/08/2023 The UK government has initiated an ambitious plan to expedite the construction of power lines across the country, with the goal of halving the current development timeline. The urgency of this initiative is underscored by calls for a fivefold increase in power... Read more
Solar farms - Clarity for consenting
Solar farms – Clarity for consenting 12/06/2023 The High Court has handed down an important decision concerning the definition of a ‘generating station’ within the Planning Act 2008 (‘the 2008 Act’) and the relationship between the consenting regimes governed by the 2008 Act and the Town and Country... Read more Authors David Hardy Partner Sheffield Robin Hutchison Partner Edinburgh Robert Garden Senior Associate London
Updates to the National Policy Statement for Electricity Transmission and Distribution Network (EN-5)
Updates to the National Policy Statement for Electricity Transmission and Distribution Network (EN-5) 21/04/2023 EN-5 is the National Policy Statement which is specific to the electricity transmission and distribution network.EN-5 applies to:above ground electricity lines over 2km whose nominal voltage is expected to be 132kV or above (subject to some exemptions); andother...
Solar and updated draft EN-3
As noted in our previous Law-Now which focussed on offshore wind (available here), EN-3 is the National Policy Statement which is specific to Nationally Significant Infrastructure Projects (NSIPs) for renewable energy generation. This update focuses particularly on solar. EN-3 applies to solar photovoltaic generating NSIPs which are over 50MW in England and over 350MW in Wales.
Solar and updated draft EN-3
19/04/2023 As noted in our previous Law-Now which focussed on offshore wind (available here), EN-3 is the National Policy Statement which is specific to Nationally Significant Infrastructure Projects (NSIPs) for renewable energy generation. This update focuses particularly... Read more
Hydrogen and the updated draft energy national policy statements
11/04/2023 Further to our recent LawNow giving an overview of draft EN-1 (available here), this follow-on piece gives more of a direct insight to Hydrogen and how the Government envisages that it will contribute to decarbonisation.Draft EN-1 repeats the targets for hydrogen... Read more
Hydrogen and the updated draft energy national policy statements
Further to our recent LawNow giving an overview of draft EN-1 (available here), this follow-on piece gives more of a direct insight to Hydrogen and how the Government envisages that it will contribute to decarbonisation. Draft EN-1 repeats the targets for hydrogen from BESS, with 10GW targeted by 2030 and with at least half of that being from electrolysis (i.e. ‘green’ hydrogen).
Offshore wind and updates to EN-3
06/04/2023 EN-3 is the National Policy Statement which is specific to Nationally Significant Infrastructure Projects (NSIPs) for renewable energy generation (both onshore and offshore). EN-3 applies to the following electricity generating NSIPs:energy from biomass and/or... Read more
Updates to the Overarching National Policy Statement for Energy (EN-1)
05/04/2023 The Overarching National Policy Statement for Energy (EN-1) sets out national policy for nationally significant infrastructure projects (NSIPs) in the energy sector. The Department for Energy Security and Net Zero has now published revised EN-1 for consultation... Read more
Habitat Regulations Assessments High Court Case - Implications for Planning
03/07/2023 On 30 June 2023, the High Court handed down an important decision concerning the interpretation and application of the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna 1992 (the “Directive”) and the Habitats... Read more
COVID-19: Public Health Emergency Measures And State Defenses In International Investment Law
To print this article, all you need is to be registered or login on Mondaq.com. As States declare national emergencies to address the COVID-19 pandemic and enact legislation aimed at combatting the crisis, States may take measures that may adversely affect the investments of foreign investors.
The Launch Of The Hague Rules On Business And Human Rights Arbitration
To print this article, all you need is to be registered or login on Mondaq.com. Businesses are increasingly being evaluated by stakeholders on the basis of their overall impact on the economy, the environment and society, including on human rights. As scrutiny from stakeholders grows, disputes relating to the human rights impacts of business activities are likely to arise.
Perspectives | Uzbekistan internationalises legal landscape to entice foreign investors
Turkish investors Vahit, Fikret and Resat Gunes allege that in 2011 authorities in Uzbekistan imprisoned them for months before seizing a shopping centre the brothers had acquired in the capital, Tashkent. Such stories seem to have done little to discourage investors caught up in the excitement of reforms under President Shavkat Mirziyoyev, who came to power in late 2016 after the death of long-serving autocrat Islam Karimov.
Perspectives | Uzbekistan internationalises legal landscape to entice foreign investors
Turkish investors Vahit, Fikret and Resat Gunes allege that in 2011 authorities in Uzbekistan imprisoned them for months before seizing a shopping centre the brothers had acquired in the capital, Tashkent. Such stories seem to have done little to discourage investors caught up in the excitement of reforms under President Shavkat Mirziyoyev, who came to power in late 2016 after the death of long-serving autocrat Islam Karimov.
People Over Wind - Domestic Clarity (For Now) | Lexology
The High Court has confirmed in Gladman v SSHCLG [2019] EWHC 2001 (admin) that mitigation measures cannot be taken into account at the screening stage when undertaking a Habitats Regulation Assessment (HRA). This endorses the much publicised CJEU decision in People Over Wind and Sweetman v Coillte Teoranta [C-323/17] (People Over Wind). The Court determined that People Over Wind was correctly decided and is consistent with subsequent decisions of the CJEU on HRA matters.
Flexibility for Fracking
The Planning Court has confirmed that a petroleum exploration and development licence ("PEDL") is capable of being varied by agreement between the licensee and the Secretary of State, notwithstanding the lack of an express power to do so within the Petroleum Act 1998 (the PA 1998).
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