Climate change, energy and planning

Journal of Planning and Environment Law

Volumn , Issue MAR., 2007, Pages 357-365

  Tromans, Stephen ^a  

^a NONE

Author keywords

Climate change; East of England; Energy policy; London; Planning policy; Regional planning guidance; Sustainable development

Indexed keywords

CLIMATE CHANGE; ENERGY POLICY; PLANNING LEGISLATION; SUSTAINABLE DEVELOPMENT;

ENGLAND; EURASIA; EUROPE; LONDON [ENGLAND]; UNITED KINGDOM; WESTERN EUROPE;

EID: 34047210534     PISSN: 03074870     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (31)

1. www.tcpa.org.uk/climate-change.htm.
2. www.go-east.gov.uk/goeast/nws/465055.
3. See Planing Magazine, July 7, 2006, p.14.
4. Panel Report following Examination in Public of the draft East of England Plan, Alan Richardson (Chairman) and Roy Foster (Inspector) June 19, 2006. The Panel Report is available at www.go-east.gov.uk/goeast/ planning/regional-planning. The Plan is a draft revision to the Regional Spatial Strategy (RSS) for the East of England, covering Bedfordshire, Luton, Cambridgeshire, Peterborough, Hertfordshire, Essex, Southend-on-Sea, Thurrock, Norfolk and Suffolk.
5. For more detailed consideration of this issue, see Stephen Tromans, Too Much or Too Little - Water Management and the Land Use Planning System [2001] J.P.L.Occasional Papers No.29, p.64.
6. For a recent decision on national policy guidance on flood risk, see R. (on the application of the Environment Agency) v Tonbridge and Malling BC [2005] EWHC 3261 (Admin).
7. The others are: increasing housing opportunities, realising economic potential, improving quality of life and improving and conserving the region's environment.
8. The difficulty is that the combination of objectives means that almost any project can be made to fit within die ambit of "sustainable". The word is a blanket term capable of meaning just about anything which the proponent supports: see Tromans, Edwards, Harwood and Thornton, Guide to the Planning and Compulsory Purchase Act 2004 (Law Society Publishing, 2005)p.63.
9. See also House of Commons Select Committee on Environment, Transport and Regional Affairs, 10th Report, 1998, "Housing", para.237.
10. Planning Minister Yvette Cooper was quoted as saying at the 2006 Labour Party Conference, "We need to make windmills and photovoltaics as easy to install as satellite dishes" (see Planning Magazine, October 20, 2006, p.17, prompting the editorial response: "OK. Go on then. What are you waiting for?").
11. 2(12 sq miles).
12. SPG10, Permit-free and Car-free plus Permit-free Residential Development. www.rbkc.gov.uk/planning.
13. See Circular 9/95, App.D.
14. For example, Southend-on-Sea design advice on forecourt parking (www.southend.gov.uk);
15. Bristol Local plan Policy Advice Note 6: "Off-street Residential Parking in Conservation Areas"
16. Haringey Council SPG1b: "Parking in Front Gardens"
17. In the London Assembly "Crazy Paving" Report, referred to above, at para.4.14 the issue of compensation for Art.4 directions was noted: "If you are talking about adding £10,000-20,000 to the value of a property in the context of inner London, the compensation factors make councils start to think twice about signing Article 4 directions."
18. Ibid. paras 4.18-4.19.
19. ENDS Report 381, October 2006, pp.37-39.
20. See the case studies in App.B of "Towards Zero Carbon Developments" referred to below.
21. Produced under the Greater London Authority Act 1999. The Government, in its July 2006 consultation on proposals for additional powers and responsibilities for the Mayor and Assembly, has suggested a statutory duty for the Mayor to produce a Climate Change and Energy Strategy, until which the strategy has no statutory status.
22. See also Directive 2002/91/EC on the Energy Performance of Buildings.
23. Pilot areas are New Wembley, Barking Town Centre, Merton and Southwark.
24. See e.g. Maurice v LCC (1964) 2 Q.B. 362;
25. Westminster Bank v Ministry of Housing and Local Government (1971) A.C.508.
26. See Westminster Renslade Ltd v Secretary of State for the Environment (1983) J.P.L. 454, 457.
27. See Sosmo Trust Ltd v Secretary of State for the Environment (1983) J.P.L. 806.
28. e.g. R. v Westminster CC Ex p. Monahan (1989) 1 P.L.R. 36;
29. (1989) J.P.L. 107;
30. Planning Encyclopedia, para.P70.22. Also the decisions in Northumberland CC v Secretary of State (1989) J.P.L. 700
31. and the Broadlands Estates decision (1990) J.P.L. 543.