This webinar assesses how planning and environmental law and related areas may be affected by the UK’s exit from the European Union.
Course level: Update
Date of recording: 21st July, 2016
Running time: 33 minutes
Part 1: Planning law
• How could domestic planning law be affected by Brexit?
• Infrastructure delivery
• Will government step in to provide alternative funding?
• More private sector involvement?
• Business as usual until Art 50?
• Housing delivery
• Effect on the Housing and Planning Act
• Housing need projections post-Brexit
• Airport expansion
Part 2: Environmental Law
• Where does environmental law come from?
• How clean will the environmental slate be wiped?
• Ensuring an orderly transition
• The increased significance of international environmental law
• The derivation of international environmental law
• To what extent is ‘EU law’ a reflection of binding international treaties?
• What constraints will the UK be under when developing a new internal framework?
• The compatibility of domestic legislation
• The potential effect of common law
• Will judges exercise more discretion to take account of international law?
• The future – reshaping domestic environmental law
• Will Defra’s “mothballed” project on reshaping environmental law be resuscitated?
• Which environment laws are under political pressure (e.g. Habitats, EIA)?
• Where might Improvements be made (e.g. a more intelligible definition of waste)?
• Immediate practical implications
• The demise of the Department for Energy and Climate Change (DECC)
• Will the new EIA changes be brought into force?
• The European Commission and new infraction proceedings
• The Euratom treaty
• Will litigants be deterred from bringing EIA challenges?
• Longer term practicalities
• Status of previous court decisions based on EU law
• Will judges be required to ‘take account’ of European case law?
• The return of Euro sceptic black letter law judges?
Peter Village QC
The principal areas of Peter’s practice are planning and environmental law, compulsory purchase and related public law and commercial disputes. His planning practice covers the full range of developments including residential, retail, airports and infrastructure projects.
Peter Village QC has been a planning and environmental law litigator since he started at the bar. He was recognised by Chambers and Partners as their ‘Planning & Environment Silk of the Year’ in 2012. He is acclaimed for his tenacious and robust advocacy and his determination to see his clients win.
Justine Thornton QC
Justine has been involved in some of the biggest and most complex environmental litigation in the UK including international group actions for environmental torts. She regularly appears in public law challenges in the Administrative Court and Court of Appeal. She has experience in major inquiries including preparation for an inquiry into a runway at Stansted Airport and an inquiry into a new nuclear power station at Hinkley Point C. She has recently finished a four month trial in the Technology and Construction Court, with a large number of foreign experts and witnesses which required the use of interpreters and document management software in Court.
Chambers & Partners has named Justine in the Chambers 100, a list of the top 100 juniors practising at the Bar across all practice areas. Her reputation means she regularly works with silks from other leading chambers including 20 Essex Street, Matrix Chambers and 11 Kings Bench Walk.
Her clients include major utilities and leading industrial companies, Government departments, local authorities, NGO’s and individuals.