When Planning Permission is not enough! 26Jan2013

Decommissioning operations are likely to require planning permission. What is not so well known is the legal requirement for a Subsequent Consent.

Where planning permission is granted for development which falls within the Environmental Impact Assessment Regulations 2011, and that permission is subject to conditions which require Planning Authority approval before all or part of the approved development may be commenced, then a legal duty arises for further consultation and the achievement of a Subsequent Consent.

This multi stage consenting process does not vary or extend the original grant of planning permission. It does however require the Planning Authority to have regard to any newly identifiable environmental information. At Zyda Law, we see this as a positive opportunity for our clients. Our experience of major developments being that design variations are often required post the receipt of planning permission and, by means of the multi stage consenting process, it is now possible in law to achieve approval for these design variations after receipt of a full grant of planning permission.

The subsequent applications procedure was introduced following a series of European Court decisions on EIA law. We have successfully advised several clients on the multi stage consenting process and believe we secured the UK’s first such approvals, on behalf of EDF Energy in respect of the Sizewell B Dry Fuel Store.

We’re are recognised UK legal experts in nuclear planning and environmental law. If you’d like to discuss our experience and how we might assist your proposals, please contact Paul Zyda (paulzyda@zydalaw.com).