Cheshire East

Momentum for Heat Network Roll Out Gathers Pace

Steve Gummer discusses the increased momentum for a Heat Network Rollout. Read more
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Jan 20, 2022

Bakery handed £26k fine after dishwasher pollutes stream

A Natural Resources Wales (NRW) prosecution has seen a bakery fined for polluting a stream with its dishwasher.
Jan 18, 2022

High Court declaration in case concerning landfill site regulation by Environment Agency “went beyond the scope of the court’s functions”: Court of Appeal

A declaration by a High Court judge, which required the Environment Agency to achieve prescribed outcomes within a prescribed timetable in relation to a landfill site, went beyond the scope of the court's functions in dealing with a claim that the regulator was acting incompatibly with the Convention rights of a five-year-old boy with serious health problems, the Court of Appeal has ruled.
Jan 17, 2022

Second environmental group launches legal challenge over Net Zero Strategy

Campaign group Friends of the Earth has filed papers in the High Court challenging the Government's Net Zero Strategy (NZS) and its Heat and Building Strategy over "lacklustre" commitments to tackling climate change, making the policy the subject of two separate legal challenges.
Jan 13, 2022

ClientEarth brings legal action over “unlawful” net zero plans produced by Government

Environment law group ClientEarth has launched a legal action against the Government over what it calls an “inadequate” net zero strategy.
Dec 30, 2021

Judge gives permission for judicial review over grant of changed dredging licence for material from nuclear power station construction site

An umbrella organisation, acting for environmental groups, has secured permission for a judicial review of the Marine Management Organisation’s (MMO’s) decision to grant a changed licence for the deposit of 800,000 tonnes of dredged mud and sediment in the Severn estuary.
Dec 22, 2021

Supreme Court upholds contempt finding over lawyer who disclosed one of its draft judgments

The Supreme Court has upheld a decision by a panel of three of its own judges that a lawyer was in contempt of court for disclosing the outcome of one of the court’s rulings to the public while it was in draft and subject to embargo, knowing that such disclosure was prohibited.
Dec 21, 2021

Environment Agency wins appeal over regulation of landfill site

The Court of Appeal has allowed the Environment Agency’s appeal in a claim brought by a five-year-old boy with a chronic and serious respiratory condition who lives near a landfill site.
Dec 20, 2021

Court of Appeal dismisses challenge to introduction of changes to permitted development rights without strategic environmental assessment

The Court of Appeal has rejected a claim that it was unlawful for the Secretary of State for Housing, Communities and Local Government as was to reform the planning legislation in England by making statutory instruments to adjust "permitted development" rights and to remove certain changes of use from the scope of development control, without undertaking a strategic environmental assessment.
Dec 08, 2021

Planning and environmental specialist Spurr joins St John’s Chambers

Harry Spurr, a specialist in environmental, planning and other aspects of local government and regulatory law concerning the use of land, has joined St John’s Chambers.
Dec 02, 2021

Council-owned waste business secures judgment for £460k over refuse removal contract

A waste company wholly-owned by Neath Port Talbot Borough Council has been awarded damages exceeding £460,000 against a firm it contracted to remove waste from its refuse sites.
Dec 01, 2021

Court of Appeal agrees to hear nitrate neutrality case

The Court of Appeal has given permission for an expedited appeal in the case concerning the impact of nitrates on new housing development in the Solent area.
Nov 22, 2021

High Court refuses judicial review bid over Environment Agency consent for HS2 tunnel construction

A renewed application for a judicial review of the Environment Agency's decision to grant consent for the construction of a twin tunnel beneath an aquifer as part of works for HS2 has been refused permission by the High Court.
Nov 16, 2021

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil

The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.


January 07, 2022

Waste is only waste if we waste it*

Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities.
January 04, 2022

Stay Class-E

The Court of Appeal has ruled that the Secretary of State’s amendments to the General Permitted Development Order (GPDO) and the Use Classes Order (UCO) were not unlawful. Megan Forbes reports.
December 17, 2021

The Environment Act 2021

The Environment Act 2021, which received Royal Assent on 9 November 2021 following extensive debate in Parliament, introduces important requirements and changes for planners and developers, writes Ruth Keating.
December 16, 2021

The Revised National Planning Policy Framework: Better design, greener outcomes?

Alastair Lewis and Sarah Wertheim outline the latest National Planning Policy Framework changes and explain how future developments will be impacted by the new rules.
December 10, 2021

Post COP26 – Where now for Local Government and Net Zero?

Laura Hughes sets out the key points for local authorities following the conclusion of COP26 in Glasgow.
December 09, 2021

The Electric Vehicle Revolution or…

Emily Knowles discusses new legislation on the requirement of electric vehicle charging points, and its potential impact on the Electric Vehicle Revolution.
November 25, 2021

Environment Act 2021: What Does it Mean for Waste Authorities?

Sally Stock, Juli Lau, Ellen Painter and Beth Edwards discuss notable changes made to the Environment Bill 2021-2022, which received Royal Assent on the 9th November.
November 25, 2021

The COP26 Decision: The Glasgow Climate Pact

COP26 has ended with an agreement, currently Decision -/CMA.3, which will more snappily be known as the Glasgow Climate Pact. Estelle Dehon, who attended the first week of COP26, considers what was achieved, what was not achieved and what happens next.
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Nov 04, 2021

Environmental law charity calls on councils to match action with rhetoric of climate emergency declarations

The Environmental Law Foundation (ELF) has said that local authorities must show greater urgency to deliver the ambitions of their climate emergency declarations.
Nov 01, 2021

MPs call on Government to clarify role of local councils in delivering “just transition” to net zero for their local communities

The Housing, Communities and Local Government Committee has urged the Government to immediately begin consulting local government on the contents of a draft net zero delivery framework setting out the relative roles and responsibilities of local and central government.
Oct 28, 2021

High Court to hold oral hearing of bid for judicial review over Environment Agency consent for HS2 tunnel in Chilterns

The High Court is today (28 October) holding an oral hearing of an application by campaigners for permission to bring a judicial review challenge of the consent given by the Environment Agency for a twin bore tunnel to be constructed under part of the Chilterns Area of Outstanding National Beauty (AONB) as part of works for the HS2 project.
Oct 25, 2021

Council chooses to halt 4000-home development rather than fight judicial review

Canterbury City Council has chosen to concede in a case concerning a controversial 4,000-home estate rather than fight a judicial review challenge that recently won approval to be heard.
Oct 18, 2021

Law firm advises city council on decarbonisation heat network project

Browne Jacobson’s government and infrastructure team has advised Manchester City Council on the set up of the Civic Quarter Heat Network (CQHN), a sustainable energy project which aims to provide the City of Manchester with an efficient and environmentally friendly heat and power network to power some of its most high profile and historically listed buildings.
Oct 14, 2021

London borough eyes issue of climate bonds to fund green projects

Camden Council has become the latest authority to announce that it is looking to issue climate bonds as a way of financing a range of environmental projects across the borough.
Oct 08, 2021

Harmful emissions and human rights duties

Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.
Oct 05, 2021

Government to introduce series of measures in bid to clamp down on disruption of infrastructure including motorways

The Government is to introduce a new offence of interfering with the operation of key infrastructure – including motorways, railways, and airports – where the impact will affect the distribution of essential goods, such as fuel and medicine.
Sep 16, 2021

Law Society concern at ability of intervenors and interested parties to take part in new High Court 'environmental review' cases

Legal costs should be set so they do not deter interested parties and intervenors from participating in the new “environmental reviews” in the courts, the Law Society has said.
Sep 07, 2021

Freeths advises on project to convert landfill site into community owned solar-farm

National law firm Freeths has advised Plymouth Energy Community (PEC) on a collaboration with Plymouth City Council, to develop a new community-owned solar farm.
Sep 03, 2021

Council to require all buildings to be removed from biomass plant

The Vale of Glamorgan Council is to take enforcement action over planning concerns relating to the Biomass Gasification Plant in Barry.
Sep 02, 2021

High Court dismisses challenge to grant by Natural Resources Wales of consent for use of canoes on River Wye

National Resources Wales (NRW) acted correctly when it gave permission for canoes to be used on a protected stretch of the River Wye, the High Court has found.
Sep 01, 2021

Residents eye legal challenge to Environment Agency consent for HS2 tunnelling works

A group of local residents are planning to bring a judicial review challenge against the Environment Agency (EA) over its grant of consent to tunnelling works for HS2.
Aug 30, 2021

DEFRA hands law firm £360k contract for Environment Agency civil litigation cases

The Department for the Environment, Food and Rural Affairs (DEFRA) has awarded Bevan Brittan a £360,000 contract to advise the Environment Agency on civil litigation.
Aug 26, 2021

Regulator to investigate company involved in solar panel scheme with city council

Energy regulator Ofgem has launched a probe into a company involved in a solar panel scheme with Stoke-on-Trent City Council.
Aug 20, 2021

Council serves notice on polluting landfill site because Environment Agency “simply haven’t achieved enough” to tackle harmful gas

Newcastle-under-Lyme Borough Council has served a Statutory Nuisance Abatement Notice on a landfill site operator, requiring the organisation to abate the statutory nuisance created from a foul odour it said has been affecting residents' health and wellbeing.
Aug 12, 2021

Council earmarks £13m as dispute over waste plant rumbles on

Essex County Council has earmarked £13m for possible litigation over a mechanical biological treatment waste plant.
Aug 09, 2021

Councils call for much larger fly-tipping fines to act as deterrent, suspended sentences for repeat offenders

Local authorities have urged the Sentencing Council to increase fines for fly-tipping significantly, so they act as a suitable deterrent, and for repeat offenders to be given suspended custodial sentences.
Jul 29, 2021

Judge rejects legal challenge over £27.4bn roads programme

The High Court has thrown out a campaign group's legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.
Jul 29, 2021

Campaigners raise £38k+ to challenge planning permission for 3,000 home scheme

A local environmental group says it has amassed £38,000 in one week from donors who want it to legally change a planning decision by Buckinghamshire Council.
Jul 27, 2021

Campaigners net permission for legal challenge over reopening of bridge closed under experimental traffic order

Campaigners have been granted permission for a judicial review challenge of BCP Council’s decision to reopen a single lane road under “Keyhole Bridge” in Poole to traffic.
Jul 23, 2021

Supreme Court to rule on liability of claimant for costs of other parties in statutory and JR cases where challenge refused at permission stage

The Supreme Court will next week (30 July) hand down its ruling in a dispute over whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.
Jul 22, 2021

Waste recycling business wins stay in battle with council over appropriate forum to resolve EcoPark dispute

Suez Recycling and Recovery Surrey has won a stay of proceedings in a dispute with Surrey County Council over the provision of waste infrastructure.
Jul 13, 2021

Government to review Nationally Significant Infrastructure Projects regime in bid to halve process time for some projects

The Government has launched an operational review of the Nationally Significant Infrastructure Projects (NSIP) regime with the aim of some projects going through the process in up to half the time than at present.
Jul 09, 2021

London Councils call for greater powers to stop air pollution as peers debate Environment Bill

The London Councils group has backed amendments to the Environment Bill which would give local authorities new powers to control air pollution where World Health Organisation (WHO) limits are exceeded.
Jun 23, 2021

Council facing legal challenge to grant of planning permission for expansion of Southampton Airport

Objectors to the expansion of Southampton Airport have appointed law firm Leigh Day to challenge Eastleigh Borough Council’s grant of planning permission.
Jun 21, 2021

Council mounts High Court legal challenge over grant by inspectors of permission for increase in passenger numbers at Stansted Airport

Uttlesford District Council is to bring a legal challenge after planning inspectors overturned its refusal of permission for the cap on passenger numbers at Stansted Airport to be increased to 43 million per year.
Jun 01, 2021

Medway issues VEAT notice for procurement of law firm to advise on Housing Infrastructure Fund and Grant Determination Agreements

Medway Council has issued a voluntary ex ante transparency notice (VEAT) over its procurement of law firm Pinsent Masons to a £700,000-£900,000 contract to provide legal advice in relation to the Housing Infrastructure Fund and Grant Determination Agreements (GDA).


November 05, 2021

Electric vehicle charging infrastructure: future proof procurement

Nadeem Arshad and Kyle Duggan set out how contracting authorities can use their procurement strategies to boost the move to electric vehicles.
November 04, 2021

Hard Times: Improving Air Quality with Clean Air Zones

Rob Hann and James Goldthorpe examine the introduction of Clean Air Zones to improve air quality across the UK.
October 29, 2021

Net Zero – What’s new for local authorities?

Steve Gummer and Sophie Drysdale look at two major climate publications: the Heat and Buildings Strategy and the Net Zero Strategy.
October 29, 2021

Local authorities and EV charging

Will councils be forced to install EV charging? Neil Kates reports.
October 22, 2021

Green for go?

Kieran McGaughey examines the Government's Net Zero Strategy and the inclusion of environmental factors in local authority procurements.
October 22, 2021

Build Back Greener: the Government's net zero strategy

The Government has published its environmental strategy outlining bold plans to support the UK economy to transition to a green and sustainable future, just days before it hosts the 2021 United Nations Climate Change Conference in Glasgow. Jonathan Branton and Alexander Rose consider some of the main points within the Net Zero Strategy, including how it could help position the UK as a leading…
October 11, 2021

Environmental Law Conference 2021

Landmark Chambers host a conference covering the latest updates in Environmental Law.
October 01, 2021

Carbon reduction and central government contracts

Jenny Beresford-Jones looks at the imminent prospect of Supplier Carbon Reduction Plans being assessed in large government contracts.
August 20, 2021

Road investment and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 20, 2021

The Road Infrastructure Strategy and climate change

The Government’s £27bn Road Infrastructure Strategy has been found to be lawful. John Litton QC and Andrew Byass analyse the High Court’s ruling.
August 13, 2021

Climate emergency or climate catastrophe?

Rob Hann asks how central & local government departments and councils can work together more effectively to combat the challenges to achieve net zero by 2050.
August 06, 2021

The Supreme Court on Mount Cook costs

The Supreme Court has dismissed an appeal by CPRE against the recovery of multiple sets of Acknowledgement of Service (“AoS”)/ summary grounds costs at the permission stage in judicial and statutory review cases. James Maurici QC and Jacqueline Lean explain why.
July 19, 2021

The LLG Grapevine 19th July

Deborah Evans, Dennis Hall and Helen McGrath discuss the Lord Chief Justice's comments on Serious Court Failings, the Environment Bill and climate change, the future of the planning system, the Public Accounts Committee Test and Trace 2 Inquiry, council's financial black holes, the Supreme Courts position not to interfere with political choices, the Health & Social Care Bill and the CSPL Annual…
July 02, 2021

Managing new enforcement powers for councils under the Traffic Management Act 2004

Rob Hann considers the recent legislative changes to traffic management in England, including the introduction of Clean Air Zones and widening local authorities enforcement powers for moving traffic offences.
July 02, 2021

E-scooters in the UK public transport mix

Kathryn Hinchey highlights the challenges faced by local authorities rolling out e-scooter trials due to gaps that remain in the Government legislation and guidance. Here, she discusses the steps needed to ensure that future e-scooter use on UK roads is viable, and that ongoing trials bear fruit.
June 18, 2021

Implementing Net Zero: Taking account of Carbon Reduction Plans in the Procurement of Major Government Contracts

The Government recently published the Procurement Policy Note 06/21. This will require suppliers bidding for major government contracts to provide a Carbon Reduction Plan at the selection stage and commit to achieving Net Zero by 2050, writes Clare Mendelle and James Goldthorpe.
June 11, 2021

Nutrient neutrality, the Solent and new development

The High Court has rejected habitats challenges on nutrient neutrality in the Solent. David Elvin QC explains why.
May 12, 2021

Carbon Neutrality - Air Quality

What is the current statutory framework for the regulation of air quality and how is it likely to evolve? Ben Standing and Laura Hughes discuss.
April 23, 2021

Climate change - extreme weather and shifting liability risks

James Fawcett considers what further developments we might see in response to shifting environmental challenges.
March 19, 2021

The Heat Networks (Scotland) Bill

Until last week the heat network sector in Scotland was not specifically regulated. The recent Heat Networks (Scotland) Bill seeks to rectify this by creating a regulatory framework and licencing system designed to encourage the increased use of heat networks.
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