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Documents on Zoning, Planning & Land Use
 

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HTMLCoops React to Rare Bird’s Status as a Threatened Species
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 28, 2014, previously published on November 21, 2014
Some electric cooperatives are unhappy about the U.S. Fish and Wildlife Service’s decision to list the Gunnison sage-grouse as a threatened species, which entitles the rare bird to protection under the Endangered Species Act. The ground-dwelling bird resides in southwestern Colorado and...

 

HTMLA Bridge Over Deregulated Waters: The New Navigation Protection Act
Jordanna Cytrynbaum, Miriam Isman; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 17, 2014
On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the “New Act”) came into force, replacing the Navigable Waters Protection Act (the “Old Act”) and making notable changes to Canada’s regulation of waterways. The legislative objective is to...

 

HTMLCIL - Getting Strategic Sites Right
Stephen Ashworth; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 10, 2014
The Community Infrastructure Levy (CIL) is still in its early infancy. 45 authorities are charging, 19 authorities are in the twilight zone between examination and adoption. It is, clearly, too early to credibly talk about its effects on the delivery of either development or infrastructure. Almost...

 

HTMLWind Farm Community Benefits ‘Are Not A Material Consideration’, Guidance Says ...
Stephen Ashworth; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 5, 2014
DECC have just published “Guidance of Community Benefits from Onshore Wind Developments“. The paper provides some great examples of the way in which contributions from windfarm operators can help local communities. It builds on the 2013 industry protocol that suggested a minimum annual...

 

HTMLMoney Back Guarantee For Planning - Is It Working?
Roy Pinnock; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on November 7, 2014
We have already highlighted the varied outcomes from the Government’s ‘Planning Guarantee’ changes to the Planning (Fees etc) Regulations 2012. The ‘Guarantee’ requires local planning authorities to refund fees for planning applications not decided within 26 weeks...

 

HTMLWhat a Belter
Stephen Ashworth; Dentons Canada LLP;
Legal Alert/Article
November 21, 2014, previously published on October 31, 2014
The Green Belt is back in the news. DCLG has updated the NPPG, and included responses to two further questions that “interpret” the Green Belt policy in the NPPF. In substance, neither additional paragraph makes any real contribution to our understanding of the policy in the NPPF.

 

HTMLUnlawful Development Permit Conditions Not Binding On Second Permit Applicant When Original Permit Expires Without Use - Second District Changes Mind On Changed Facts
Deborah M. Rosenthal; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 14, 2014, previously published on October 30, 2014
A major fact correction on rehearing led the Second Appellate District to reverse its earlier ruling in Bowman v. California Coastal Commission (2nd Dist., Div. 6, 10/23/14, B243015 (on rehearing). The court has now held that collateral estoppel does not prevent a landowner from letting a permit...

 

HTML“Does a Fire Chief Meet the Qualifications of an Expert?” Fire Department Official Allowed to Testify on Issues Regarding Origin and Cause
Rick Hammond; Johnson & Bell, Ltd.;
Legal Alert/Article
November 13, 2014, previously published on November 2014
It’s common knowledge that in the majority of fire losses, insurers hire an expert to determine the fire’s origin and cause. One of the reasons is because if a fire is deemed incendiary, i.e. intentionally set, the insurer might have a defense to coverage if sufficient evidence points...

 

HTMLSeventh Circuit Expands Apportionment Defense, Potentially Limiting Joint and Several CERCLA Liability
Jeremy Esterkin, Denise G. Fellers, Mae Kieng Hau, Rick R. Rothman; Bingham McCutchen LLP;
Legal Alert/Article
November 10, 2014, previously published on October 15, 2014
The Seventh Circuit issued two significant decisions relating to the cleanup of the Lower Fox River and Green Bay Superfund Site (the “Site”) on September 25, 2014. In the first, NCR Corp. v. George A. Whiting Paper Co., No. 13-2447 (7th Cir. Sept. 25, 2014), the Court reaffirmed that a...

 

HTMLFCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements
James R. Hobson; Best Best & Krieger LLP;
Legal Alert/Article
November 8, 2014, previously published on October 16, 2014
Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff time by making the authorizations stored on agency databases...

 


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