This week the Brexit Freedom Bill will be published.
The attorney general states Telegraph that
“The Brexit Freedoms Bill, announced today, will remove, once and for all, the special status and supremacy of EU law within the UK legal system. It will also make it easier to remove or amend EU law.”
Currently the assumption is that where there is a conflict between planning legislation and EU Law EU Law triumphs. A good example perhaps is the Habits Directive, so for example the Wealden Case states that you have to consider the cumulative impact of traffic schemes in a TIA feeding into an AA.
For this reason in almost all cases EU law has not been transposed into planning law, to an extent that was confusing as planner had to memorise principles and procedures that arnt in secondary legislation and acts. If this was replaced by a principle that UK law was paramount it would effectively take straight off the books things such as the EIA directive, the SEA directive, the Air Quality Directive, The Water Quality directive. Noone would know where they stood. Hence it would be a Brexit confusion bill, even opening up years old cases thought settled for future judicial review.