Planning & Environment newsletter

Planning and Environment news
15 September 2011

In this issue:

•	Case Law Round-Up: Potential Barriers to Development
•	Environmental Impact Assessments Update
•	Environment Agency Secures Largest Proceeds of Crime Act Ruling
•	Registration of Small Sewage Discharges in England

Case Law Round-Up: Potential Barriers to Development

Is compliance with pre-commencement conditions a must? In a recent case, the Court of Appeal held that a planning permission granted in 1978 had not been implemented. The developer sought a certificate of lawful use to carry out the development of 19 flats pursuant to a permission granted in 1974 without applying for a fresh permission.

Environmental Impact Assessments Update

The Town and Country Planning (Environmental Impact Assessment) Regulations (“EIA Regulations 2011”) came into force on 24 August 2011 in England only. The EIA Regulations 2011 consolidate and amend the previous Regulations and introduce a number of key changes.

Environment Agency Secures Largest Proceeds of Crime Act Ruling

The owner of an illegal waste company in Slough, Mr Johal, pleaded guilty to five charges of causing controlled wasted to be kept contrary to Section 33 of the Environmental Protection Act 1990 at Bracknell Magistrates’ Court on 23 April 2010.

Registration of Small Sewage Discharges in England

Under the Environmental Permitting Regulations 2010, registration of small sewage discharges, such as from septic tanks, removes the need to apply for an environmental permit where the risk of pollution is low. A consultation is however being launched by DEFRA to review whether this is an appropriate approach to follow in England.