Environmental Law Update


Tuesday 24 May 2016, please note the later start time of 9.45am registration (10am start) – 1.15pm (followed by lunch) Browne Jacobson, Nottingham (with Video Conferencing Equipment to Browne Jacobson’s offices in Birmingham)

(Please note we offer the option to attend this course via video conference to make it accessible to as many EM Lawshare members as possible, whatever their location.  We do our best to deliver the best experience we can with the technology we have, but inevitably it may not be as effective as attending the course in person.  We always appreciate your feedback and make improvements if we can.)

Rescheduled from the 2015/16 Training Programme as the previous seminar had to be cancelled

Presented by Browne Jacobson and Freeths

Seminar overview

Topics to be covered:

  • Environmental Impact Assessment

A brief overview and an update on recent EIA caselaw, including R. (Roskilly) –v- Cornwall Council [2015] and Mackman –v- Secretary of State for CLG [2015] concerning screening directions and decisions. We will provide insight into the Supreme Court decision in Champion v North Norfolk DC [2015] where Richard Barlow acted for Natural England and look at the guidance on “mitigation measures” and the screening decision.

  • Protected species duties

This session will look at how recent caselaw affects a local authority’s duties regarding biodiversity and protected species. We will also update you on Natural England’s proposed new approach to European Protected Species licensing and the potential role of the local authority in this. 

  • Environmental Permitting

We will look at a case study concerning the prosecution of Tunnel Tech North Ltd in relation to contravention of their mushroom composting environmental permit.  There will be a case law review including: R (on the application of Tarmac Aggregates Ltd) v Secretary of State for Environment, Food and Rural Affairs [2015] concerning restoration conditions and R. (on the application of Campbell) v Independent Police Complaints Commission [2015] concerning the Proceeds of Crime Act where an environmental permit was required but had not been obtained.

  • ESOS – Energy Savings Opportunity Scheme

We will provide a brief overview of this obligation and consider its (qualified) extent. 

  • Invasive Species

We will look at the new regulatory methods available to deal with non-native invasive species on local authority and third party land.

  • Collateral warranties and reliance on environmental information

When acquiring or selling land, how can you get the most value out of the existing environmental reports? We will look at some recent caselaw on the value of collateral warranties.

Duration:  Half a day (3 CPD points) including lunch

Speaker profiles:

Richard Barlow is Head of Public Sector at Browne Jacobson and lead client partner for EM LawShare.  He is a recognised specialist in environmental law with over 20 years’ experience.  Richard acts for Environmental Health teams in relation to complex regulation and enforcement.  Richard has acted extensively for Natural England and the Natural Resources Body for Wales and their predecessors and brings an insight into the position of the environmental regulator and their interface with the judicial review court particularly.

Penny Simpson is a Partner at Freeths specialising in environmental / planning law, and with a niche practice advising on “natural environment” legal issues such as European and UK protected species and protected habitats law, water law, mineral issues, contaminated land, environmental impact assessment and planning issues.  Her practice extends to criminal prosecution and defence; obtaining and challenging planning  permissions; judicial review; and regulatory compliance.  She most regularly advises local authorities on compliance with their duties as regards biodiversity and the natural environment in their exercise of a wide variety of functions.

Nicola Power is a Senior Associate at Freeths, specialising in environmental law. She has over 12 years’ experience in advisory, transactional and inquiry work, particularly in the development, waste and mining and minerals sectors. She has worked for local authorities on a number of remediation and regeneration projects including working with a London Borough to successfully deliver the first phase of a £1.3 billion regeneration scheme of former industrial land.  Nicola adds particular value to projects at the interface between the technical and the legal, where her engineering background gives her a clear insight into potential issues and risks, as well as pragmatic and practical solutions.


Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.