Key judgments
Mrs Justice Thornton quashed the planning permission given for a Holocaust Memorial proposed to be developed in the Victoria Tower Gardens.
There were three grounds of appeal. Thornton J dismissed two of these but allowed the appeal on the remaining ground. On this ground, the Claimant argued that the Inspector, and subsequently the Minister, had failed to satisfy their obligations under s.8(1) of the London County Council (Improvements) Act 1990, which imposed a straightforward prohibition on allowing the proposed site to be used to for any purpose other than to keep it in use as a ‘public garden’. Thornton J agreed that s.8(1) placed a ‘continuing obligation [on the Minister] to keep the land in use as a public garden’. She asserted that this obligation was not spent nor had s.8(1) been repealed and, as such, there was an ongoing duty to maintain the proposed site for development as a public garden only.
In this landmark judgement, Mr Justice Michael Green ruled in the High Court that trustees of charities can prioritise climate change effects over financial returns when deciding how the relevant charity’s funds should be invested.
The previous position was provided by the case of Harries v The Church Commissioners for England [1992] 1 WLR 1241. This position was that, when deciding on investments, trustees should not take into account ethical or moral considerations that may cause financial loss for the charity and that the focus should remain on maximising financial returns. Exceptions to this general rule were allowed only where an investment might be in direct conflict with the charity’s purpose and/or in indirect conflict with its work.
The recent ruling has made the position on fiduciary duty more relevant to the 21st Century and provides trustees with the ability to consider climate change in their decision-making process.
R (Hobbs) v Dorset Council (CO/556/2022)
Mrs Justice Lang quashed planning permission for a residential extension on the grounds that the council had breached its statutory consultation duty by failing to pass on the claimant’s consultation response to planning officers. Although, the council did not dispute the case, it is a reminder of the importance of consultation and its value in the planning process.
News updates
Approval times for offshore wind to be cut
The government has recently announced that approval times for offshore wind farms will be cut from four years to one year as a part of its new energy strategy. This is an effort to reach the goal of delivering up to 50GW of offshore wind power by 2030. This is very much a welcome step in the UK’s permanent move away from non-renewable energy sources. However, further improvements in policy are necessary to expand onshore wind, which is significantly cheaper than offshore wind and can be up and running earlier than offshore projects. The current NPPF states that one of the conditions for approving onshore wind projects is to ensure that they are only granted permission in designated locations within a local authority area, chosen by the local planning authority. However, only 11% of local authorities have adopted policies that allocate suitable areas for onshore wind. Therefore, as welcome as this announcement is for offshore wind, the government could do more to promote onshore wind.
Whitehaven coal mine decision set for July
July is the latest purported deadline for a decision on the Cumbria coal mine, which has been an ongoing saga for six years now. The planning inquiry took place in Autumn 2021 and the Planning Inspector’s decision is being eagerly awaited by both those opposing and supporting the development. Future legal challenges seem likely if the controversial project is given the go-ahead by Levelling Up Secretary Michael Gove.
Major housing development granted permission in Bristol
A housing development involving the construction of some 595 student accommodation rooms has been granted permission by the Inspector after dismissing flood concerns.
The development was rejected by the council due to it being situated in a Flood Zone 3A location, representing the highest risk of flooding, and potential impacts on nearby heritage sites. The council’s decision was supported by the Environment Agency.
The Inspector deemed that the development addressed a need for student housing in the city and was satisfied that the plan provided sufficient protection from flooding. The council’s point on the impact of the development on nearby heritage sites, specifically the Temple Meads Old Station, was also dismissed by the Inspector on the grounds that any impact would be ‘less than substantial’.
Key consultations
Carbon capture, usage and storage (CCUS): Industrial Carbon Capture business model (closes 10 June 2022) – The Department for Business, Energy and Industrial Strategy (BEIS) seeks views on the business model for Industrial Carbon Capture (ICC). In particular, the department would like to hear from investors and developers of potential CCUS projects, and representatives of the energy sector, industry (including energy intensive industries), and the waste sector
Update to Green finance Strategy: Call for Evidence (closes 22 June 2022) – This joint call for evidence from HM Treasury, BEIS, and Defra seeks views and evidence from stakeholders to support the government in developing an update to the Green Finance Strategy, planned for publication in late 2022. The updated Green Finance Strategy will take stock of progress since the publication of the Green Finance Strategy in 2019, and set out how the UK can better ensure the financial services industry is supporting the UK’s energy security, climate and environmental objectives.
Household waste recycling centres: DIY waste disposal charges and booking systems (closes 4 July 2022) – Defra is seeking views on its proposals to prevent householders form being charged for the disposal of DIY waste, in a bid to reduce fly tipping and back yard burning, with their concomitant environmental and health impacts. In particular, they wish to gauge opinion on:
- construction waste being treated as DIY waste in certain circumstances, enabling it to be disposed of free of charge
- possible criteria to define construction waste as DIY waste to allow householders to deposit DIY waste for free
- the impacts of booking systems at household waste recycling centres
Upcoming events
UKELA Annual Conference 2022
Save the dates for UKELA’s Annual Conference 2022 which is taking place across 4 days (14 – 17 June 2022). The programme for the conference can be found here. Come along to hear from some fantastic speakers including our very own Merrow Golden from Francis Taylor Building!
Introduction to delivering affordable zero-carbon housing
The Green Register and the New Energy Projects are collaborating to deliver a programme of events designed to support developers, planners, architects, community organisations and anyone else involved in delivering cost effective, compliant net-zero housing schemes. This programme will consist of a series of webinars, demonstration events and site visits over the next year. It will cover topics such as Passivhaus/fabric first design and construction; modern methods of construction (MMC); smart home energy systems; renewable energy generation; delivering local social and economic value; delivering community-led housing, and innovations in the construction sector that are reducing the cost and complexity of delivering net-zero housing. Free 1 hour introductory sessions will be run on Friday June 10th, Thursday June 23rd, Monday July 4th, and Tuesday July 12th. To find out more check out their website.
Get outdoors!
To help us all become nature connecters as well as nature defenders, The Green Olive Network will be making regular recommendations for fun outdoor activities with an environmentally conscious slant.
It’s a wonderful time of year to get out into the woods. trees are now in leaf and birds are nesting. The Woodland Trust has a ‘find a wood‘ search feature that allows you to find woods near you, and several handy guides to help you identify birds and other wildlife you might encounter while out and about.
