header-logo header-logo

11 August 2011 / Malcolm Dowden , Jen Hawkins
Issue: 7478 / Categories: Features , Environment , Property
printer mail-detail

Green dream?

Could a presumption in favour of sustainability have the opposite effect, ask Malcolm Dowden & Jen Hawkins

The government’s proposed text for a presumption in favour of sustainable development, unveiled in June, includes no definition of “sustainable development”. It merely states: “There is a presumption in favour of sustainable development at the heart of the planning system, which should be central to the approach taken to both plan-making and decision-taking. Local planning authorities should plan positively for new development, and approve all individual proposals wherever possible.”

Framed that way, the presumption appears to promise an easier ride for developers, and an increase in the number of developments, whether or not they are genuinely sustainable. However, any attempt to provide a credible definition of “sustainable development” rapidly points in the opposite direction. A presumption in favour of sustainable development might in fact mean less development in the UK, together with increased focus on the global allocation of natural resources and (possibly) a significant shift in the legal processes governing land use and spatial planning.

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll