This paper is an assignment submitted to De Montfort University in partial fulfilment of the requirements for the degree of LLM in Environmental Law by Andrew Brown. It shows how the UK system of town and country planning goes some way to protecting the environment but that there is more that could be done to further that aim.
This essay will look at different aspects of the planning system and the effect it has on the environment. It will examine Environmental Impact Assessments (EIA) and how the thresholds for needing an EIA can be altered by the Secretary of State (SOS). It will also look at the need for development such as housing and infrastructure and how that must be balanced with environmental damage and whether any restrictions or conditions to protect the environment imposed are implemented and if those conditions work in the way intended by the Local Planning Authority (LPA). It will show how there are loopholes in the legislation which do not sufficiently protect the environment and how the National Planning Policy Framework (NPPF) tips the balance in favour of development where a Local Planning Authority does not have a five-year housing supply. It will look at projects of important national infrastructure and how they can affect important and ancient habitats. It will show how the UK system of town and country planning system goes some way to protecting the environment but there is more that could be done to further that aim.
The UK system of town and country planning provides the basis for the location, design, and number of new developments and what, where and how we build these developments can have a serious impact on our environment. In recent years most people have become more aware of the environment and the need for sustainable development. According to former Minister Nick Raynsford, ‘Planning in England is less effective than at any time in the post war era, with an underfunded and deeply demoralised public planning service, conflicting policy objectives and significant deregulation’.[1] The UK Sustainable development Strategy give five overarching principles which have a direct impact on the planning system.[2] The first of these is living within environmental limits which suggest that we must respect the limited environmental resources of the planet and its biodiversity. We must also try to improve our environment and try to preserve the natural resources needed for life and ensure they remain unimpaired for future generations.[3]