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Showing posts from January, 2021

BIODIVERSITY NET GAIN AND PLANNING OBLIGATIONS

 Planning conditions and planning obligations relating to biodiversity are, nowadays, relatively common.  However, it will probably be the case that current development control practices will need to be reviewed when the somewhat delayed Environment Bill finally obtains the Royal assent.   So far as development control is concerned, one of the principal provisions in the Bill relates to a condition which will be attached to the grant of most planning permissions as a matter of law.   This statutory condition will provide that the development in question cannot be commenced unless an ‘biodiversity management plan’ is submitted to and approved by the local planning authority.   One of the statutory requirements for such a plan will be that it should show a net measurable gain in ‘biodiversity’ of 10% when measured against the pre-development biodiversity value of the development site. The metric to be used is the Biodiversity Metric 0.2 which is limited to producing calculations for

A SHORT ARTICLE ON LOBBYING

This article relates to R (Holborn Studios) v London Borough of Hackney [2020] EWHC 1509. One of the issues related to the submission of information to a member of the planning committee by way of lobbying and the reactions of both the member and the council when dealing with that information. An examination of the judgement shows that the analysis boiled down to two particular points which are worthy of further commentary. First, the question of whether or not this process involves considerations relating to freedom of expression. Secondly, perhaps more importantly, the way in which members and councils should react to lobbying.   The facts The facts of the case are relatively complicated because they include a long discussion about the rights and wrongs of an economic viability assessment which was presented to the council with the objective of demonstrating that the scheme was not capable of accommodating affordable housing. The developer had aspirations to redevelop a site for empl