Q&As

If a planning application has been granted on the basis of there being imperative reasons of overriding public interest (IROPI) and as a result compensatory measures have been granted, what would happen to the planning permission if the grounds on which the IROPI case was made out no longer exist? Would the compensation measures still stand?

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Produced in partnership with Jo Hannah of Winckworth Sherwood
Published on: 25 March 2020
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The Council Directive 92/43/EEC 21 May 1992 (Habitats Directive) seeks to protect European Sites from damage by Plans or projects affecting those sites.

The provisions of the Habitats Directive have been transposed into domestic legislation in the Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012.

CHSR 2017, SI 2017/1012, reg 63 provides that a competent authority (including a local planning authority (LPA)), before deciding to give permission for a plan or project which is likely to have a significant effect on a European site (for example a Special Area of Conservation), must make an appropriate assessment of the implications of the plan or project for that site in view of the site’s conservation objective.

CHSR 2017, SI 2017/1012,

Jo Hannah
Jo Hannah

Winckworth Sherwood

Jo has over 20 years experience of dealing with Planning, Highway and associated matters. She started her career in local government and became the Head of the Planning and Highways legal team at a metropolitan authority. Having joined private practice she regularly advises private and public sector clients on a range of planning matters including on major regeneration schemes in London including providing advice on complex CIL issues and Section 106 agreements. She has advised on heritage matters including the negotiation of Heritage Partnership Agreements in respect of large heritage assets. She also advises on appeals and enforcement matters. In addition to planning she has been involved with resisting applications to list buildings and land as assets of community value and in resisting many applications to have land listed as a Town and Village Green. She also has the experience of advising on complex highways matters in both the public and private sector. She is recognised in Chambers and Legal 500 as a 'recommended lawyer'.

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Jurisdiction(s):
United Kingdom
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Key definition:
Public interest definition
What does Public interest mean?

A malleable and complex concept relevant to both privacy and defamation claims which allows for the publication of content on the basis of its contribution to public debate; although it is important to bear in mind that the courts have stated on many occasions that what is 'interesting to the public' on the basis of it being scandalous or newsworthy is not necessarily in the public interest.

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