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Publications

Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.



Media type
Expertise
28/06/2024
Planning in Politics – Manifesto Summary (2024 General Election)
What might the General Election mean for planning policy and the built and natural environment?  With less than one week to go until we all head to the polls, we have summarised the key policies and...
20/06/2024
Manifest-EES
Despite Rishi Sunak’s September 2023 MEES U-turn and announcement of a “more pragmatic, proportionate, and realistic approach” to meeting net-zero, energy costs and climate policies remain crucial topics of national debate ahead of the election on 4 July. MEES is (was?) a flagship policy designed to support the UK’s drive and commitment to reach net zero emissions by 2050. For many years, we have been examining and discussing the impact of the MEES regulations on commercial real estate: from application through to enforcement (or lack thereof). With the Climate Change Committee’s warning that current UK policies will not deliver net zero in time for 2050, how are the main political parties proposing to approach MEES in the coming years?Generally speaking, in the context of energy efficiency, the manifestos from the Conservatives, Labour, Liberal Democrats and Reform UK tend to focus on the approach to residential property, but the manifesto commentary released by each party provides an indication of the likely direction of travel for commercial real estate:Based on recent projections, the Labour Party are on track for the second largest majority since the Second World War. It is therefore incredibly likely that MEES will be reintroduced by 2030, but with the caveat that “nobody will be forced to rip out their boiler”. The impact on commercial property remains unknown, but with a new mission to “Make Britain a Clean Energy Superpower by 2030”, it is anticipated that commercial real estate will be subject to higher MEES benchmarks in the coming years.A complete overhaul – or at the very least a shake up?
18/06/2024
Time to talk about the challenges facing UK data centre development
Last week CMS hosted a roundtable in London to discuss the challenges facing UK data centre development. We benefited from the diverse views of clients from across the DC market including sponsors, lending...
21/02/2024
Introduction to Planning Law (Episodes 1-3)
In this series of Planning Ahead, we address Heritage & Conservation within the Planning System. Over three episodes, Nicola Insley introduces the key concepts planning law, discusses conditions vs s106 obligations and provides an overview of what you might expect from planning decisions, appeals and call-ins.
21/02/2024
Renewable energy consenting series
In this series of Planning Ahead, we discuss the process of consenting for Renewable Energy Developments. Over the course of three episodes, Nicola Insley, and later on Robert Garden, provide an overview of the different Consenting Regimes in the UK, with a particular focus on NSIPs and DCOs as well as key points to keep in mind to avoid application challenges and refusal.
21/02/2024
Heritage and conservation
In this series of Planning Ahead, we address Heritage & Conservation within the Planning System. In particular, Nicola Insley and Josh Risso-Gill discuss the regulatory restrictions placed on listed buildings and conservation areas, amending listed building statuses and what is involved when seeking planning permission where listed buildings are impacted. 
21/02/2024
Environmental Impact Assessments (EIA)
In this series of Planning Ahead, we discuss Environmental Impact Assessments (EIA). Nicola Insley and Kathryn Nolin provide an overview of EIAs, the typical problem areas (including how to address them) and the crucial information that is needed in any given impact assessment.
21/02/2024
Green belt
In this series of Planning Ahead, we focus on the Green Belt. Over three episodes, Nicola Insley and Josh Risso-Gill discuss the purpose of the Green Belt, the controls on development within these areas and provide details of what developers can achieve with Green Belt developments.
21/02/2024
Use Classes
In this series of Planning Ahead, we focus on Use Classes. Over three episodes, Nicola Insley and Mark McMurray provides an overview of Use Classes in England post-2020 and the current Use Classes & Permitted Development Rights in Scotland & England.
21/02/2024
Changing planning permissions
In this series of Planning Ahead, we look at amending Planning Permissions. In particular, Nicola Insley looks at how you might amend a permission and is joined in the final episode by Charles Banner KC to discuss how the recent Hillside judgement has changed case law on this topic. 
21/02/2024
Biodiversity Net Gain (BNG)
In this series of Planning Ahead, we look at Biodiversity Net Gain (“BNG”). Over three episodes, Nicola Insley introduces this new requirement, provides an overview of how BNG will be delivered through units and credits and the challenges that may be faced from the implementation of BNG. 
21/02/2024
Affordable Housing
In this series of Planning Ahead, we look at Affordable Housing. Join us to see Nicola Insley provide an overview of affordable housing and, in the final episode, discuss the relationship of Affordable Housing and ‘alt resi-de­vel­op­ments’ with Martin Evans.