The Government acted irrationally and unlawfully, breaching the Climate Change Act 2008, when it adopted its Carbon Budget Delivery Plan, the High Court has found.
A local authority can only require an actual blockage to a watercourse to be removed, and cannot order the removal of related material from a wider area, the High Court has said.
Newcastle-under-Lyme Borough Council is set to ask permission from the Secretary of State for the Department of Environment, Food and Rural Affairs (DEFRA) to take legal action against a landfill operator over odours emanating from the site.
Newcastle-under-Lyme Borough Council is preparing legal action against the operators of a quarry site for alleged breaches of an abatement notice, which was aimed at reducing gasses emanating from the site.
A rarely used Whitehall intervention has seen all permit approvals for new waste incinerators halted until at least 24 May, including one that is the subject of a threatened judicial review by a council.
Local planning authorities must now consider Biodiversity Net Gain (BNG) requirements for most developments, following the implementation of the measures for small developments earlier this week (2 April).
Brighton and Hove City Council and Adur District Council have voted to support the campaign for Zane’s Law, which would ensure councils keep public registers of land that may be contaminated.
Two-thirds of councils are not confident in hitting their net zero targets, with many blaming a bureaucratic bidding process for net zero funds for hampering progress, a Local Government Association (LGA) survey has found.
The Secretary of State for Energy and Net Zero is facing a judicial review challenge after giving development consent for the burning of biomass at a Yorkshire power plant.
Councils should be subject to a legal duty to take climate action, requiring a lead councillor for climate and ring-fenced funding for climate action, a climate action group has said.
The Department for Environment, Food and Rural Affairs (Defra), Environment Secretary Steve Barclay and Natural England are under investigation by the Office for Environmental Protection (OEP) over whether they have complied with the law on special protection areas (SPA) for wild birds.
Objectors to an oil drilling project in the Lincolnshire Wolds Area of Outstanding Natural Beauty (AONB) have been granted permission for a judicial review of a decision to give the scheme planning consent.
A High Court judge has upheld a campaign group’s legal challenge to the removal by planning inspectors of certain net zero policies from a garden village area action plan drawn up by West Oxfordshire District Council.
A refusal of planning permission for a quarry has been quashed over an error on biodiversity net gain. Jenny Wigley KC looks at the lessons from the case.
Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.
On 21 October 2023, the Government published its long awaited response to the results of its consultation on ‘Consistency in household and business recycling in England’. Sally Stock and Natasha Barlow examine the detail.
Jessica Arczynski and Rubianka Winspear set out some key considerations for landlords arising out of the Government’s announcement of Wave 2.2 of the Social Housing Decarbonisation Fund.
Councillors at Newcastle-under-Lyme Borough Council have voted to urge the Environment Agency to close the Walleys Quarry landfill site, and have approved a move to increase the local authority’s legal ‘fighting fund’ to £300,000.
Almost all planners doubt their ability to deal with biodiversity net gain requirements, which took effect this week for major developments and will do so in April for smaller ones.
Environmental campaign group Wild Justice has sent a pre-action protocol letter to the Secretary of State for Environment, Food and Rural Affairs, Steve Barclay, over what it says is a bid to relax water pollution rules.
Welsh councils could provide more homes without environmental damage on brownfield sites if they took a more interventionist and collaborative approach, the Auditor General for Wales has said.
The High Court has this month (27 January) held a case management hearing in relation to a claim against three Governmental departments over the death of Ella Adoo-Kissi-Debrah, the first person in the UK to have "air pollution exposure" listed as a cause of death.
Biodiversity net gain (BNG) will go live from 12 February 2024, the Land Use Policy Team at the Department for Environment, Food and Rural Affairs (Defra) has confirmed.
A planning inspector's decision to overturn Lincolnshire County Council's refusal of permission for further oil drilling in a village has been subject to a judicial review application.
The Court of Appeal has rejected a campaign group’s judicial review challenge of the Government’s approval of the Sizewell C nuclear power plant in Suffolk.
The Department of Levelling Up, Housing and Communities (DLUHC) has detailed funding efforts and new legislative measures aimed at unblocking developments stalled by nutrient neutrality rules.
A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.
The High Court has granted permission for a judicial review claim that argues that the Department for Transport's decision to cut its Active Travel Fund by almost £200m breached climate, air quality and equalities duties.
The Local Government Association (LGA), District Councils Network (DCN), County Councils Network (CCN) and London Councils have jointly called for councils to be given more scope to lead local climate action.
A campaign group that claims the Environmental Agency is failing to enforce regulations meant to protect the River Wye from pollution has won permission to have a judicial review claim heard by the High Court.
Three environmental groups have appointed barristers to act for them in seeking judicial review of the Government’s revised net-zero strategy, the Carbon Budget Delivery Plan.
Hastings Borough Council may consider legal action against Southern Water if it fails to respond to the council's demands concerning sewage problems that have caused a series of damaging floods in the town.
The National Housing Federation (NHF) has urged the Government to recommit to its net zero manifesto pledge in the upcoming Autumn Statement and release the full £3.8bn social housing decarbonisation fund, in order to “help decarbonise the country’s social housing”.
The High Court has dismissed a series of challenges brought against the Secretary of State for Environment, Food and Rural Affairs over the lawfulness of August’s Storm Overflows Discharge Reduction Plan.
A campaign group has threatened the Government with judicial review over its decision not to make food waste reporting mandatory for large and medium sized businesses.
Councils' efforts to reach net zero by 2050 could be hampered by a faltering interest from the public in reducing emissions amid the cost of living crisis, a report from the Local Government Information Unit (LGiU) and Browne Jacobson has suggested.
The Court of Appeal has given permission for an appeal of the High Court's decision to dismiss a challenge brought over development consent for the Sizewell C Nuclear Power Station.
The House of Lords has voted to block an amendment to the Levelling Up and Regeneration Bill (LURB) that would have seen the end of nutrient neutrality rules.
Possible failures to comply with environmental law by the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency and Ofwat in relation to the regulation of combined sewer overflows have been identified by the Office for Environmental Protection.
Government proposals to change rules on planning and nutrient neutrality amount to “regression in law” and contravene ministerial statements in both houses of Parliament, the Office for Environmental Protection (OEP) has warned.
Craig Howell Williams KC and Merrow Golden analyse the High Court’s judgment in the dispute over the expansion of the Ultra Low Emission Zone (ULEZ) in London.
From November 2023, most English planning permissions must secure a 10% biodiversity net gain (“BNG“) against the pre-development habitat value baseline. This has been viewed as an additional cost and barrier to development, but it offers an opportunity for owners and developers taking a longer view of property assets and masterplans to realise additional value, writes Grace Pinault.
On 7 July 2023, Ledwyche Solar Limited secured planning permission on appeal for the construction of a solar farm (and associated development) on land east of Squirrel Lane. Emily Knowles and Elizabeth Winters explain the significance of the case.
Sharpe Pritchard's 'Green Steves' discuss developments in relation to biodiversity, including biodiversity net gain in the planning context. They also look at local authority biodiversity projects and how they can be financed.
In climate change there is often a tendency to focus heavily on the energy elements (energy use, energy efficiency and renewable energy) but true sustainability goes much wider, write Steve Gummer and Steve Cirell.
On 19 December 2022, the Environment Agency issued new and updated guidance notes on Persistent Organic Pollutants. Juli Lau and Gonzalo Puertas look at what they cover and set out the next steps for local and waste authorities.
Local authorities continue to strive towards their net zero targets, but there can be no doubt that progress is stronger in some areas than others. One particular ‘Cinderella’ area is energy efficiency, but this is rapidly rising up the agenda due to the energy crisis and rocketing costs for householders and business premises, write Steve Gummer and Steve Cirell.
With publication of the Government’s response to its consultation on regulations and implementation, the shape of the biodiversity net gain regime is becoming clear, writes Roy Pinnock.
On 2 February 2023, Natural England published the Green Infrastructure Framework (“the Framework”), a new tool to help towns and cities turn greener. Emily Knowles and Tiah Weekes look at its contents.
By a decision on 6 February 2023, planning permission was granted on appeal for the installation of a solar park generating up to 49.9 MW of electricity on sites within the metropolitan Green Belt. Emily Knowles and Steve Gummer discuss some of the key reasons as to why planning permission was granted and what clients need to take away from this decision.
An important area for local authorities to consider as part of their decarbonisation plans is offsetting. Regrettably, this is in danger of becoming mired in controversy, with a widespread misunderstanding of its legitimacy and the role that it could properly play in those decarbonisation plans, write Steve Cirell and Steve Gummer.
Furthering its commitment to assisting local authorities in achieving their green goals and Net Zero targets, Sharpe Pritchard, the national firm of public law specialists, is offering 10 hours of pro bono legal advice to local authorities for green projects in the feasibility phase.
In this fifth paper in a series, Steve Gummer and Stephen Cirell move away from the common areas of major infrastructure that have been considered so far, to look closer to home to smaller actions that nonetheless can still work in the quest for net zero.