A major overhaul of the UK’s planning (zoning) system was unveiled on 30 July.  This is aimed at tackling the UK’s chronic housing shortage, as well as the challenge of net zero.  The lack of affordable housing in the south-east of England, for example, means that average house prices there are ten times the average wage.  At the same time, public sector housebuilding has slowed to a trickle and rents have soared.  Similarly, the planning system has been identified as a major block on renewables and low-carbon developments in the UK.     

In response, the new UK Government has announced significant changes to the National Planning Policy Framework (“NPPF“) which guides decision-making on individual planning applications as well as the content of local planning policies (against which applications for individual sites are assessed).  The main aim is to kick-start an unprecedented programme of housebuilding with a huge proposed target of 371,000 per year against current delivery of about 200,000 units per year.  There will also be increased requirements on developers to provide affordable housing on new housing developments.  Commentary so far has rightly focused on these important housing-related changes in the draft NPPF, but the draft NPPF goes much further than housing.  Specific focus is given to renewables and low-carbon projects, digital technology, gigafactories, laboratories and logistics.

In this briefing, we summarise the main proposed changes in the draft NPPF and identify further likely upcoming reforms to be made to the planning system including through the new Planning and Infrastructure Bill. Continue Reading UK planning reforms to focus on social developments and net zero

According to the Grantham Institute’s 2024 Global Trends in Climate Change Litigation Policy Report (the “Report“) – which was published on 27 June 2024 – climate-related litigation against private sector actors continues to be on the rise. The Report highlights that over 230 climate-related lawsuits have been initiated against corporations and trade associations since 2015, with over two thirds of those lawsuits filed since 2020. The Report also highlights that the growth rate of climate-related cases is showing signs of stabilisation, at over 200 new climate-related cases per year. The risk of private sector actors facing climate-related lawsuits is not, therefore, showing any signs of diminishing.Continue Reading CLIMATE LITIGATION – THE GRANTHAM RESEARCH INSTITUTE ON CLIMATE CHANGE AND THE ENVIRONMENT PUBLISHES ITS 2024 GLOBAL TRENDS IN CLIMATE LITIGATION REPORT

The First Civil Senate of the German Federal Court of Justice, which is in charge of competition law, has ruled that advertising with an ambiguous environmental term (here: “climate neutral”) is generally only lawful if the specific meaning of the relevant term is explained in the advertising itself.

Judgment of June 27, 2024 – I ZR 98/23Continue Reading German Federal Court of Justice on advertising with an ambiguous environmental term

Multinational companies are facing increased pressure to ensure that they have adequate ESG-related policies in place and (more importantly) that they are implementing those policies in practice within both their business and associated supply chains via appropriate systems and controls. Companies that are found not to have implemented or adhered to those policies face increased

On April 24, 2024, the Loan Market Association (LMA) published its Sustainability Coordinator Letter. The publication of the LMA’s letter follows the LSTA’s February 2023 publication of its own Sustainability Structuring Agent Engagement Agreement Inserts. This Legal Update contains a comparative analysis of the LMA and LSTA’s documents, notes key similarities and differences between the

In a survey carried out by HSBC in 2023, 97% of real estate developers and investors said net zero was important to their business and 59% of the largest real estate companies said net zero was their top priority.

A third of companies in the sector already have Transition Plans and the push for formalising Transition Plans across the sector is increasing.

In April 2024, the Transition Plan Taskforce (“TPT”) published its final set of transition plan resources to help businesses transition to net zero.

In this article, we consider the guidance available to the real estate sector in preparing Transition Plans (“TP”).Continue Reading Transition Plans & Real Estate

The UK Competition and Markets Authority (“CMA“) has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of March 2024, ASOS, Boohoo and George at Asda committed to only make green claims about their products

On 23 April 2024, the UK’s Financial Conduct Authority (“FCA“) published its “Finalised non‑handbook guidance on the Anti‑Greenwashing Rule (FG/24/3)” (the “Guidance“). The FCA has published the Guidance to help in-scope firms understand and comply with the anti-greenwashing rule, which will come into effect on 31 May 2024.Continue Reading UK Financial Conduct Authority publishes finalised guidance on its Anti-Greenwashing rule

On March 25, 2024, the Brazilian federal government published Decree No. 11.961/2024, establishing an advisory and deliberative group, the Brazilian Sustainable Taxonomy Interinstitutional Committee (“CITSB”), which will coordinate the development and implementation of the Brazilian Sustainable Taxonomy (“TSB”). The TSB will establish a classification system for sustainable projects and activities, providing standardized terminology for companies

On 9 June 2023, the European Union published Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (the “Deforestation Regulation” or the “EUDR”). The EUDR entered into force on 29 June 2023, although the main prohibitions