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. Read more
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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.


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.
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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).
May 25, 2021

Court rejects legal challenge to planning permission for Isle of Wight retail park

The High Court has rejected a challenge by Asda Stores to the grant of planning permission for a new retail park on the Isle of Wight, it has been reported.
May 17, 2021

Campaign group to apply to Court of Appeal on Local Plan challenge after High Court refusals

A campaign group has announced that it is to apply to the Court of Appeal for permission to challenge South Oxfordshire’s decision to adopt the South Oxfordshire Local Plan 2035.
May 12, 2021

Judicial review proceedings launched against Welsh council in waste recycling plant planning dispute

Judicial review proceedings have been launched against Caerphilly County Borough Council over the local authority's decision to give planning permission to a waste recycling plant without undertaking an Environmental Impact Assessment (EIA).
May 11, 2021

Lawyer found guilty of criminal contempt of court, fined £7k for disclosing result of Supreme Court appeal prior to judgment being handed down

The Supreme Court has fined an environmental lawyer £5,000 after finding him in criminal contempt of court for deliberately disclosing the result of an appeal prior to hand down of the judgment.
May 06, 2021

Activists to take Government to court over honouring of Paris Agreement commitments

Climate litigation charity Plan B is to support three activists in their 20s in taking senior ministers to court over what they have said is the Government’s failure to honour its Paris Agreement commitments.
May 06, 2021

Council suspends grants of planning permission in 69km river catchment after phosphates warning

Cornwall Council has suspended grants of planning permission in a river catchment area after concerns from Natural England over phosphate pollution.
Apr 29, 2021

Court of Appeal rejects challenge to Legoland planning permission over impact on 'veteran' trees

The Court of Appeal has rejected all five grounds argued by an objector to a holiday village project at the Legoland theme park.
Apr 29, 2021

Campaigner loses High Court challenge over Natural England decision on tree felling in wood affected by HS2

A High Court judge has dismissed as unarguable all the grounds advanced by environmental activist Mark Keir against Natural England’s decision to allow the felling of part of a wood for works on the HS2 rail project.
Apr 23, 2021

Coroner calls for legally binding targets for particulate matter based on WHO guidelines, urges range of bodies to take action on air quality

Lewisham Council is amongst 14 government, educational and professional organisations being called upon by a coroner to address air pollution after poor air quality led to the death of a nine-year-old girl.
Apr 22, 2021

Council wins extension of time in tribunal case over investment in solar farms

Thurrock Council has been given an extension of time to make its case in a First Tier Tribunal case over disclosures sought by the Bureau of Investigative Journalism (BIJ).
Apr 14, 2021

High Court to hear judicial review challenge this week over carbon emissions levels permitted under new emissions trading scheme for UK

The High Court will this week (14-15 April) hear a judicial review challenge over the volume of carbon emissions permitted and the exclusion of waste incinerators from the UK’s new emissions trading scheme.
Mar 26, 2021

Court of Appeal to hear challenge over environmental impact assessment and end product of developments

The Court of Appeal has agreed to hear a dispute over whether a developer's obligation to provide an environmental statement describing the likely significant effects of a development, both direct and indirect, requires an assessment of the greenhouse gas ("GHG") emissions resulting from the use of an end product said to have originated from that development.
Feb 25, 2021

Campaigners win legal challenge over temporary car park next to school but council vows to appeal

Campaign group Trees Not Cars has won a judicial review against Manchester City Council over the use of a city centre site.
Feb 08, 2021

High Court gives permission for legal challenge to advice note by Natural England on ‘nutrient neutrality’ in Solent

The High Court has agreed to hear legal challenges to advice given by Natural England in a ‘Nutrient Neutrality’ Advice Note covering the Solent region, Francis Taylor Building has reported.
Jan 13, 2021

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims

The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.
Jan 07, 2021

Environment Agency warns it does not have resources to carry out enforcement work effectively: report

The Environment Agency (EA) has too little money to carry out its enforcement work effectively, a letter obtained by The Times has said.
Jan 04, 2021

Environment Agency obtains £2.1m confiscation order against operator of illegal waste site

The Environment Agency last month secured one of its largest confiscation orders, against a defendant who operated an illegal waste site.


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.
January 22, 2021

EIAs, end products of development and greenhouse gases

Do Environmental Impact Assessments apply to products derived from a development? David Hart QC looks at a recent case concerning the grant of planning permission for drilling for oil.
January 14, 2021

VAT’s the way I like it (if you’re the paying party)

Martin Carter explains the Court of Appeal’s decision in R (Friends of the Earth Limited) v Secretary of State for Transport [2021] EWCA Civ 13, which provides useful clarification on whether the Aarhus costs caps in the CPR are inclusive or exclusive of VAT.
January 07, 2021

The Environment Bill: Will it weaken or strengthen the UK’s environmental protections?

Stephen Tromans QC chairs a discussion of the key parts of the Environment Bill, looking particularly at developments over the Autumn and Winter.
November 20, 2020

Environmental sustainability as a governance priority for housing associations

Nathan Bradberry, Sarah Greenhalgh and Deborah Rowntree look at the National Housing Federation Code of Governance’s new requirement for boards of housing associations to set financially sustainable plans with specific consideration given to “carbon neutrality and environmental sustainability”.
October 21, 2020

A Green Brexit? Removing Red Tape or Increasing Environmental Protections?

Stephanie Wray, Alison Ogley and James Maurici QC consider the forthcoming changes in legislation and policy as the UK prepares to leave the EU on 31st December 2020.
September 08, 2020

Dealing with net zero, biodiversity and air quality issues in planning

Richard Barlow, Ben Standing, David Elvin QC and James Maurici QC consider the legal obligations and implications introduced by 'net zero' legislation. Also discussed: biodiversity net gain and dealing with air quality issues in planning.
July 31, 2020

The concept of “Openness” - 2020 vision at last?

It is, perhaps, one of the many oddities as well as ironies of 2020, so far, that having been in national “lockdown” the Higher Courts have produced more planning jurisprudence on the concept of “openness” this year than ever before, writes John Pugh-Smith.
July 24, 2020

Waste planning in a commercial context

A High Court judge recently ruled that Essex County Council was entitled in 2019 to terminate a 25-year contract for the processing of household waste. Stephen Tromans QC explains why.
July 24, 2020

Interpreting green wedge policy

Paul G Tucker QC and Constanze Bell analyse a recent Court of Appeal judgment regarding the interpretation of green wedge policy.
July 16, 2020

Environmental law update

Celina Colquhoun, Rachel Sullivan and Stephen Tromans QC provide a case law update on air quality, climate change and other recent environmental decisions.
July 13, 2020

Encouraging greener travel

Shivaji Shiva discusses the changes local authorities are making to their transport policies to encourage greener modes of transport in cities.
July 03, 2020

Planning Court clarifies the approach to flooding and policy compliance

In the Planning Court Mr Justice Dove recently considered the reliance on Strategic Flood Risk Assessments (“SFRA”) when applying the sequential test under national policy; and reaffirmed the approach that ought to be taken when assessing policy compliance. Richard Harwood QC and Stephanie David analyse the outcome.
June 29, 2020

Private registered providers and the EIRs

The Upper Tribunal has confirmed private registered providers are not subject to the Environmental Information Regulations. Kate Dimes Letters and Andrew Latham look at the key points of the ruling.
June 26, 2020

Site allocation plans and Green Belt release

A Planning Court judge recently allowed a legal challenge to the Leeds Site Allocations Plan. Jenny Wigley explains why.
June 05, 2020

The public interest test under EIR and FOI: weighting the arguments

A recent decision of the Upper Tribunal, under the Freedom of Information Act 2000 (FOI), provides a useful reminder of what a public authority needs to do when applying the public interest test, writes Ibrahim Hasan.
May 28, 2020

Environmental, Social and Governance – A sector wide opportunity

Why should Registered Providers be focusing on ESG? Deborah Rowntree explains.
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