What will the new environmental damage regime mean for you? The Environmental Liability Directive introduces a number of significant changes to the UK's current environmental protection legislation framework. It will be transposed into English and Welsh law via the Environmental Damage (Prevention and Remediation) Regulations 2009 which come into force on 1 March 2009. The Regulations extend the scope of the 'polluter pays principle' and introduced a positive reporting obligation in respect of actual or threatened environmental damage............................. Proposed changes to the planning appeal system: On 21 May 2007 the Government published a consultation paper entitled Improving the Appeal Process in the Planning System-Making it proportionate, customer focused, efficient and well resourced. The consultation paper proposed some fundamental changes to how the appeal system operates. Following consideration of the consultation responses (and having modified some of the proposals) the Government has now introduced some changes through the Planning Act 2008 and clarified the amendments which will be made to secondary legislation.................... Please feel free to download the full briefing

The new legislation, will tip the scales in favour of those asserting that an area of land should be registered as a green and, in consequence, an application to register land as a green will assume even more importance in the armoury of those opposing development. All landowners should now review the current use of any undeveloped land and, where they may wish to develop that land in the future, or sell it for development, should take appropriate steps to prevent the land becoming registered as a green. Where land has definitely not yet been used for twenty years, this is straightforward. But where land has already been used for twenty years as of right for lawful sports and pastimes, the owner will need to bar access for the relevant period of two or five years. A developer contemplating buying land for development, on the other hand, needs to make a thorough risk assessment and in appropriate cases work with the landowner to ensure that appropriate steps are taken. In high-risk cases, the developer may want to obtain at least partial protection by means of a long-term option or conditional contract and where it is still available perhaps indemnity insurance as well. For more details and a full copy of this newsletter

The guidance covers: (1) how CIL will be set and spent (2) how, when and by whom CIL will be paid (3)the consequences of the failure to pay CIL & (4) the future of planning obligations. Details of how the tax will be calculated are awaited, but the guidance confirms that the Government expects CIL to be levied on most types of development (including both residential and commercial development). The amount of tax will be determined either at, or by reference to, the point in time at which planning permission first becomes fully effective. In practice, this may mean that CIL liability is only finally determinable when detailed planning permission for development is obtained. The guidance indicates that rates may vary within each charging authority to reflect local conditions, but does not clarify the basis upon which CIL will be calculated. It leaves the door open for the tax to be calculated by reference to increases in land value resulting from the grant of planning permission, rather than at a fixed rate based on the developable area or number of units to be constructed. The Government is proposing that both landowners and developers could be liable for CIL (because there may be difficulties in collecting the tax from landowners where land is unregistered, or where a landowner is based off-shore). It also proposes that failure to pay the tax could result in a legal requirement to halt development. The guidance also indicates that the Government could make it a criminal offence to seek to evade liability for, or to obstruct a public authority in relation to, CIL. The Government aims to consult on draft regulations in Autumn 2008, with a view to finalising them in Spring 2009. See http://www.communities.gov.uk/documents/planningandbuilding/pdf/674479