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National Planning Policy Framework wasintroduced which sets out new guidance at thenational level for development. Local plansare expected to adhere to the guidance unlessthere is good reason why not.The Government is in the process of removingthe former regional tier of planning as part ofthe process of returning certain planningpowers to the local level.The Infrastructure Planning Commission wasset up in 2009, to deal with nationallysignificant infrastructure projects. NationalPolicy Statements relate to the differentinfrastructure categories. In April 2012, theCoalition Government moved the functions ofthe Commission to the Planning Inspectorateand they are now delivered by the NationalInfrastructure Directorate. A Secretary of Stateis now the final decision maker in largeinfrastructure decisions.With reducing carbon dioxide becoming ofincreasing importance, the planning system isalso embracing the move. Local authoritiesare trying to reduce carbon dioxide at locallevel, through their local planning controls.Building regulation controls, imposed at anational level, are also driving this initiative.Improvements to the energy performance ofplant and equipment must therefore beconsidered in any new building or majorrefurbishment. The Government wants all newhomes to be “zero carbon” by 2016 and allnon-domestic buildings to be zero carbon by2019. The Welsh Assembly however alreadywishes all new buildings in Wales to be zerocarbon - it has been striving for this since2011. Various measures are being brought into achieve such targets.3. Environmental controlsBusinesses operating in this country should beaware not only of major environmentallegislation but also of the large and rapidlygrowing body of statutory instruments,regulations and guidance notes on ”green”issues, much of which is specific to certainindustrial sectors.The Environmental Protection Act 1990 andthe Environment Act 1995 contain much of themost important legislation. The 1990 Actcreates a system of integrated pollution controlby making it necessary for businesses toobtain a specific authorisation for the mostpotentially polluting industrial processes.These are designed to achieve the use of “thebest available techniques not entailingexcessive cost” in order to prevent or reducethe release of potentially harmful substances.Waste management also forms an importantcomponent of environmental law. Under theEnvironmental Permitting Regulations, in forcesince April 2008, operators of installations,mobile plant and other waste operationssubject to the regime, must hold anEnvironmental Permit. This regime combinesthe permitting systems for activities under thepollution prevention and control regime and thewaste management regime.Increasing attention is being directed to wasteminimisation, recycling and re-use. TheGovernment is seeking to introduce industryleaseschemes, including a workable voluntaryprogramme for the packaging industry.The Water Resources Act 1991 regulates thedischarge of substances into controlled water.The discharge of poisonous, noxious orpolluting matter, solid waste, trade effluent andsewage effluent constitutes a criminal offenceunless carried out under and in accordancewith an authorisation. Coastal waters areincluded within the 1991 Act and dischargesinto the sea from the prescribed processes aregoverned by the Environmental Protection Act1990. The Environment Agency has publishedguidance to help prevent the pollution ofwatercourses, by those carrying outdevelopment works nearby.A large number of statutory instrumentsimpose stringent controls on matters such asthe location and storage of hazardoussubstances, radioactive substances, pesticidesand genetically modified organisms.Of particular concern to those intending to setup business in the UK may be the powersgiven to local authorities and the EnvironmentAgency by the Environment Act 1995 inrelation to contaminated land. Britain was thebirthplace of the industrial revolution and inmany parts of the country there is a significantrisk of land contamination arising fromprevious industrial processes, some of whichmay have gone on decades ago. Although theprinciple is that the original polluter will beprimarily liable, current owners and occupiersof contaminated land can be compelled to bearthe clean-up costs if the original pollutercannot be found or if subsequent owners buywith sufficient information about the pollution/contamination. Liability for contaminated landPAGE 25