‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’
Francis Taylor Building, 22nd May 2020
Source: www.ftbchambers.co.uk
‘The government faces a legal challenge over a set of “outdated” energy policies which are being used to approve fossil fuel projects even after it vowed to end Britain’s contribution to the climate crisis.’
The Guardian, 18th May 2020
Source: www.theguardian.com
‘Lawyers for five peaceful protestors, supported by the Weald Action Group, have applied to the High Court to bring an end to an interim injunction against protest at oil sites in Surrey and Sussex in line with a new Court of Appeal ruling.’
Garden Court Chambers, 1st April 2020
Source: www.gardencourtchambers.co.uk
‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’
Law Society's Gazette, 3rd January 2020
Source: www.lawgazette.co.uk
‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’
The Guardian, 30th January 2020
Source: www.theguardian.com
‘The Cabinet Office has defied a court order to release a secret government report on the UK’s fracking industry. Officials were expected to hand over the report on Monday, days before Britain’s first general election leaders’ debate on the climate crisis, after the information tribunal ruled it was in the public interest to disclose its findings in full.’
The Guardian, 28th November 2019
Source: www.theguardian.com
‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
‘The UK government has announced an immediate moratorium on fracking. The decision came after new scientific analysis concluded it was not possible to “rule out future unacceptable impacts”.’
Rights Info, 11th November 2019
Source: rightsinfo.org
‘In this latest Environmental Law News Update, William Upton QC and Mark Davies consider developments regarding the Environment Bill, leadership in the climate crisis and a case against Exxon Mobil in the US for improper forecasting of the cost of climate regulation to its business.’
Six Pump Court, 6th November 2019
Source: www.6pumpcourt.co.uk
‘In a multi-occupancy dwelling like Alex’s, the landlord is permitted to control the heating, with no rules against boxing off the thermostat, experts say. The same is true of a standard rental property with fewer than three tenants, if the landlord pays the bills.’
BBC News, 5th November 2019
Source: www.bbc.co.uk
‘How interim injunctive relief can assist both individuals and businesses when locked in a dispute with their energy provider.’
No. 5 Chambers, 23rd October 2019
Source: www.no5.com
‘Seahorses are to be given greater protection from oil drilling off British coastlines after a landmark High Court challenge.’
Daily Telegraph, 22nd October 2019
Source: www.telegraph.co.uk
‘When it is a plant thermally treating waste. Or is it still a power plant? This was the question that Mr Jonathan Acton Davis QC had to grapple with in Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd. As is often the case when it comes to the exclusions under section 105(2) of the Construction Act 1996, the answer was as clear as mud!’
Practical Law: Construction Blog, 30th July 2019
‘The planning permission is secured, the conditions are in place, now all that’s left is to commence development, right? Not necessarily. As planners you’ll be keenly aware that the road to development is not always smooth. Unexpected events occur, problems arise, and sometimes once permission has been obtained people are unable to comply with conditions or have a change of heart. Luckily, there are options available which do not necessarily mean going back to the drawing board.’
No. 5 Chambers, 2oth June 2019
Source: www.no5.com
‘Three anti-fracking protesters have been found to have breached an injunction designed to stop them demonstrating outside a fracking site in Lancashire, which they say has a “chilling effect on the right to peaceful protest”.’
The Guardian, 28th June 2019
Source: www.theguardian.com
‘Ofgem takes action after tower block residents had no supplies for up to five months.’
The Guardian, 22nd May 2019
Source: www.theguardian.com
‘In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights.’
UK Human Rights Blog, 10th April 2019
Source: ukhumanrightsblog.com
‘Campaigners have hailed a legal victory against a multinational company that took out a “draconian and anti-democratic” injunction against protesters.’
The Guardian, 3rd April 2019
Source: www.theguardian.com
‘The UK government has successfully defended a legal challenge against its decision to adopt a new National Planning Policy Framework (NPPF) in England last year, but guidance contained in that framework concerning ‘fracking’ has been ruled to be unlawful.’
OUT-LAW.com, 8th March 2019
Source: www.out-law.com
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