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Latest Stories
Only elected officials should represent councils on LEPs, says IoD
06/09/10: All local authority positions on local enterprise partnerships should be occupied by elected officials, the Institute of Directors has demanded. It also called for LEPs to focus on transport, infrastructure and planning.
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Westminster brings enforcement action over branded cigarette bins
03/09/10: Westminster City Council is taking legal action against a taxi business over its high-profile branded cigarette bins, a move the company's chairman described as "perverse" and a waste of taxpayers' money.
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DCLG to revoke traveller planning guidance, strengthen enforcement powers
31/08/10: The government has announced plans to revoke Whitehall planning circulars that it blames for creating the perception that there are different rules for the travelling community and the settled community.
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Battle over fell route to rumble on as High Court quashes inspector's decision
31/08/10: The Lake District National Park Authority has pleaded with motorbike riders and 4x4 vehicle drivers not to use a popular off-road high level fell route until its status is finally resolved.
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 Planning an extension
The downturn prompted the last government to introduce changes to the planning system, including replacement planning permissions. Christian Silk outlines the key issues that those in local government should be aware of.
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 Into the void
The government's announcement of the abolition of both the Standards Board and the pre-determination rule leaves lawyers and councillors in the dark about how they will be replaced, writes Mark Smulian.
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Government tells councils to tackle excessive street signage
Councils are installing traffic signs in the mistaken belief that they are legally required, ministers have claimed. Calling for a reduction in ''street clutter", they announced a Department of Transport review of its policy.
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Developer agrees to pay £4m to Barnet after prolonged planning battle
A developer has agreed to pay Barnet Council £4m after a lengthy planning enforcement battle. The company built 83 flats on the grounds of a former mental hospital, instead of the 64 for which it had permission.
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Government rules out mandatory recycling laws for businesses
The government has this month ruled out introducing a mandatory recycling laws for businesses, preferring to promote voluntary schemes to encourage businesses to recycle their waste.
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New competition laws on supermarket planning bids and property disposals
New laws that apply competition rules to planning decisions for the first time came into force last week, banning local authorities and private landlords from striking deals with supermarkets to prevent rivals from setting up shop nearby.
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Inspector overrules refusal of planning permission on climate change grounds
The Planning Inspector has overruled a decision to refuse planning permission for a new biofuel production plant, ruling that the council was not able to take the effect on climate change into consideration.
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CBI says planning uncertainty threatens £150bn low-carbon investment
Industry leaders have warned that £150bn of private sector investment in low-carbon infrastructure will not be made unless the government sorts out uncertainty in the planning system and energy markets.
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Pickles vows to streamline "Byzantine" EIA rules
The government is proposing to revoke the four “Byzantine” sets of rules governing Environmental Impact Assessments and replace them with a single set of streamlined regulations.
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Two-thirds of organisations still to register for CRC as deadline looms
12/08/10: Up to 70% of the public sector bodies and large businesses obliged to register for the CRC Energy Efficiency Scheme have yet to do so, despite there being less than 50 days to go before the 30 September deadline.
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Housebuilder launches legal challenge over scrapping of regional strategies
One of the UK’s largest privately-owned housebuilding businesses is bringing a judicial review action over the government’s decision to axed regional planning strategies, it has been reported.
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Alliance urges key role for "larger-than-local" planning in reformed system
An alliance of 29 national bodies led by the Royal Town Planning Institute has urged the Communities Secretary to ensure that strategic planning is embedded in reforms to the planning system.
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LGO criticises council over mishandling of planning application
A local authority has been criticised by the Local Government Ombudsman and told to review its procedures after the botched handling of a planning application in an area of outstanding natural beauty.
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HSE wins appeal over council's failure to consider revoking permission
The Court of Appeal has ordered Wolverhampton City Council to consider whether it should revoke planning permission for a student accommodation block located close to a liquefied petroleum gas facility.
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DCLG calls for suggestions for changes to building regulations
The DCLG is urging councils, businesses and individuals to suggest changes to building regulations. It said it wanted to strip away regulation where it is unnecessary or there are other ways to achieve the same outcomes.
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Wycombe DC adopts first local development order in UK
Wycombe DC has become the first council to adopt a local development order, after receiving government approval. The LDO allows change of use of ground floor premises without the need to apply for planning permission.
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LEP of faith?
The government has announced its intention to abolish RDAs and replace them with local economic partnerships. Whether the change of approach will be successful remains to be seen, writes Steven Smith.
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Pickles sets out planning principles for free school sites
Local authorities will be expected to “attach very significant weight” to the desirability of establishing new free schools and enabling local people to do so, the Communities Secretary said this week.
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Communities win right to build, but plans need 80%+ support
Communities are to be given a right to build shops, businesses and facilities as well as new homes, the Housing Minister has said. However, they will require "overwhelming support" to proceed without planning permission.
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Planning officers submit 12 suggestions for cutting red tape
A reduction in the paperwork required to accompany applications and an end to “gold-plated” arrangements in relation to sustainability assessment are among the ways that the planning system could benefit from de-regulation.
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Assembly Government issues planning guidance to boost rural communities
The Welsh Assembly Government has launched new planning guidance designed to boost the rural economy and increase the provision of affordable housing. It expects councils to implement the guidance with immediate effect.
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Council advised to tolerate illegal traveller sites amid concern about legal costs
The planning enforcement sub-committee of a local authority has been advised not to evict travellers from unauthorised plots because legal action could prove extremely expensive and there is no guarantee of success.
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Government moves to scrap 'bin tax'
The government is remove council powers to charge residents for household refuse collections or fine households for overfilling their bins, it was announced today.
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Appeal court finds council liable to pedestrian after failure to cut vegetation
The Court of Appeal has held that a highways authority still owed a duty of care to a pedestrian even though she was careless in how she crossed a busy road. Newham had failed to cut back vegetation in the middle of the crossing.
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Under scrutiny
A recent ruling suggests that when it comes to planning decisions relating to historic buildings, public scrutiny trumps commercial confidentiality. However, the judgement has left a number of unanswered questions, writes Robin Hopkins.
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Damage limitation
Mid Devon District Council is thought to be have been the first council to make use of the Environmental Damage (Prevention and Remediation) Regulations 2009. Simon Newcombe explains what was involved.
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Pickles lays order in Parliament scrapping "Soviet-style" regional strategies
The Communities Secretary has laid an order in Parliament revoking Regional Strategies with immediate effect, saying that communities would no longer have to endure "failed Soviet tractor style top-down planning targets”.
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Council secures closure of depot built without permission seven years ago
Medway Council and the RSPB are celebrating after a public inquiry ruled that the owners of an industrial depot built without planning permission in north Kent seven years ago must clear the site.t;/span>
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Penfold Review calls for radical shake-up of non-planning consents
A government review of the “complex and fragmented landscape” of non-planning consents has made a series of recommendations, including merging planning permission and conservation area consent into one permission.
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Infrastructure Planning Commission, Commission for Rural Communities axed
The government has confirmed that the Infrastructure Planning Commission and the Commission for Rural Communities will be abolished. The IPC will become a Major Infrastructure Planning Unit inside the Planning Inspectorate.
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Council could face £3.5m bill after unlawful road closure for 20 years
Cumbria county council could be forced to pay up to £3.5m to reinstate a road it had illegally blocked for more than 20 years, the North-West Evening Mail has reported. A path offered as an alternative was not accessible for vehicles.
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A timely boost
What can local authorities do to kick-start regeneration projects in a difficult market? Lesley-Anne Avis examines their options, which include deferred purchase prices, geared leases and underage as well as overage.
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Council failure to discharge race equality duties sees permission quashed
The Court of Appeal has quashed planning permission for a development that would have regenerated part of Haringey after ruling that the London borough had failed to discharge its duties under the Race Relations Act 1976.
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High Court hears test case over compensation for Olympic CPOs
A test case has begun in the High Court over compensation payable for land compulsorily purchased for the Olympic Games, the BBC has reported. Building firm Rooff claims it should have been paid more compensation.
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Government promises more freedom for councils to manage HMOs
The Housing Minister has announced plans to allow councils to individually choose whether to require landlords to submit a planning application to rent their properties to unrelated tenants.
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Is the grass always greener?
The Welsh Assembly Government this week issued an updated national planning policy that places a greater emphasis on climate change. Environmental Minister Jane Davidson said the planning system must play its part.
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An Englishman's home
Robert Fidler’s mock Tudor castle was hidden by straw bales and tarpaulin for four years. His legal battles have earned headlines in the national press. Pritpal Singh Swarn looks at the background to the case.
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Power to the people?
Stephen Ashworth suggests that the government's new commitment to localism may not prove to be quite as radical in practice as it first appears, not least in the planning arena. A more coherent approach is required.
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Welsh Assembly Government unveils new national planning policy
The Welsh Assembly Government this week issued an updated national planning policy that places a greater emphasis on climate change. Environmental Minister Jane Davidson said the planning system must play its part.
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New restrictions on 'garden-grabbing' and housing density target scrapped
The government has announced the immediate reclassification of residential gardens, which it says will enable councils and residents to more easily refuse development requests to build new houses in private back gardens.
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In or out?
The Carbon Reduction Commitment came into operation on 1st April, with the registration deadline set for September 30th. Becky Clissmann looks at how public sector organisations can assess whether they are affected.
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Up to speed
Monitoring and reporting of carbon has typically been done on spreadsheets, but with increasing reporting frequency and complexity this approach is fast becoming unmanageable, writes Hugo Seymour.
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Policy vacuum fear as Pickles tells councils to ignore housebuilding targets
Planning authorities can forthwith ignore the house building totals set for their areas in regional spatial strategies, communities and local government secretary Eric Pickles has said.
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Court of Appeal upholds confiscation order after planning enforcement breaches
The Court of Appeal has upheld a confiscation order under the Proceeds of Crime Act 2002 for failure to comply with planning enforcement notices, rejecting an argument that a judge should look at the "net profit" earned from the activity.
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Details of Decentralisation and Localism Bill set out in Queen's Speech
The government has set out the details of its Decentralisation and Localism Bill, which is set to radically shake-up many aspects of council governance and responsibility and introduces a general power of competence.
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Influential thinktank urges creation of new 'urban right to roam'
The development of an urban right to roam could help open up heritage infrastructure for creative reuse, think tank Demos has suggested, calling on authorities to become more aware of its value as a community asset.
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Hasty abolition of regional planning could threaten economic recovery: RTPI
Summary abolition of major parts of the the planning system without a viable alternative in place could put the country's economic recovery at risk, the Royal Town Planning Institute has warned.
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Public property
The ECJ's ruling in the Helmut Muller case has provided some welcome clarification of the impact of EU procurement rules on development projects, writes Nathan Holden.
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Going online
The requirements for public consultation in relation to planning applications are set to change to keep in line with new forms of social media now available, write Karen Cooksley and Colette McCormack.
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End of the road
David Merson looks at the issues created by the mechanisms for balancing the needs of both development and access in terms of stopping-up and diverting highways and footpaths.
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The long grass
Paul Denham looks at how local authorities can deal with the increasingly common practice of invoking ancient laws on village greens as a means of thwarting planned developments.
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In the thick of it
Angus Walker looks at the new roles and responsibilities of local authorities under the Planning Act 2008 in the light of new guidance from the DCLG and the Infrastructure Planning Commission.
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Playing POCA
Confiscation orders under the Proceeds of Crime Act 2002 could prove a very useful tool for planning enforcement officers. Stuart Andrews, Neill Blundell and Ruth Lane explain what’s involved.
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If it ain't broke...?
The Conservatives claim that the planning framework is "broken" and propose a "radical reboot" of the system. Stephen Ashworth suggests that some of their proposals still need a bit of work themselves.
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Heart of the matter
The registration of town and village greens continues to provoke controversy, not least over its alleged use to block new development. Julian Steed looks at the practical issues for local authorities.
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Ready for take-off?
The use of PPAs is again being endorsed by the government, writes Benjamin Dove-Seymour. Are they now set to become a permanent feature of the planning landscape?
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Government issues first-ever guidance on planning and counter-terrorism
The Home Office and the Department for Communities and Local Government have issued practical advice for planners and designers in incorporating counter-terrorism measures to reduce vulnerability in crowded places.
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Something in the way...
A survey of waste professionals has found that most consider the planning regime to be a major impediment to reaching landfill reduction targets, writes Nigel Hewitson.
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Government plans new obligations on councils to improve energy efficiency
Local authorities will be required to form partnerships with energy companies and develop district heating networks, while a new Warm Homes standard will be added to the Decent Homes standard.
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Rural Advocate urges housling land assessment rethink
Local authorities should review their housing land assessments to take better account of rural needs and adopt a more creative and flexible approach to planning, the government's Rural Advocate has said.
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Council loses garbage in garden battle
A Dorking man has successfully fought off an attempt by Mole Valley council under the Town and Country Planning Act to force him to clear up piles of rubbish in his back garden.
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Environment Agency consults on use of new enforcement powers
The Environment Agency has launched a consultation on implementing its new civil sanction enforcement powers which include the ability to issue fixed or variable monetary penalty notices.
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Tories unveil proposals to overhaul "broken" planning system
The abolition of the entire tier of regional planning, a limit to appeals on local planning decisions and removal of the power of planning inspectors to rewrite local plans are amongst proposals in the Conservatives’ Green Paper on planning.
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A new environment
Climate change considerations are set to have a massive impact on local authority decision-making, writes Stephen Cirell, but many councils have yet to respond.
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Nationwide record of common land and town and village greens delayed a year
Government plans to achieve a comprehensive current record of common land and town and village greens nationwide have been delayed for at least 12 months, it has emerged.
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The enforcers
Developers may be looking to renegotiate – or even get out of – their s.106 obligations. Tight drafting is key to enforceability, writes Caroline Bywater.
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Official Carbon Reduction Commitment user guide published
The Department of Energy & Climate Change has issued a user guide for the CRC Energy Efficiency Scheme designed to help the 20,000 large public and private sector organisations affected meet their commitments.
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Environmental regulators net new powers; local authorities could be next
The Environment Agency and Natural England are to be handed a range of new civil powers – including the ability to impose fixed and variable monetary penalties – to help them enforce environmental law more effectively.
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The art of delegation
A recent case involving Leeds City Council highlights the importance of having a valid scheme of delegation in place. Jack Anderson takes a look.
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English Heritage issues guidance on saving historic schools
English Heritage has called on local councils to do more to preserve architecturally important school buildings.
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Healey blames councils for failure to tackle "garden-grabbing"
Local authorities have the powers to tackle “garden grabbing” but often fail to have the necessary policies in place to deal with the problem successfully, the housing and planning minister claimed.
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HSE publishes new waste management procurement guidance
The Health & Safety Executive has issued guidance on waste management procurement designed to help local authorities discharge their legal responsibilities.
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Taking the strain
The Infrastructure Planning Commission admits there will still be a significant demand on local authority resources. Gareth Pinwell explains why.
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Coping with the CRC
The Carbon Reduction Commitment scheme will bring considerable legal complexities for local authorities. Felicia Jackson reports.
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A year to remember
The past 12 months witnessed a raft of important environmental cases. Annabel Graham Paul and Sarah Sackman present their top 10.
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Community charge
The proposed Community Infrastructure Levy is meant to help deliver infrastructure that supports development. Caroline Bywater looks at the detail.
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Waste aware
The Waste Framework Directive requires the UK to implement waste prevention programmes and sets demanding recycling targets. Local authorities may have to re-assess their priorities, says Rhiannon Holtham.
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Corby wins right to appeal against landmark environmental judgment
Corby Borough Council has been given leave to appeal in a high-profile environmental group litigation case – dubbed the UK’s ‘Erin Brockovich’ – although the dispute could yet be resolved through mediation.
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Village and town green registration system set for overhaul
The government has revealed that it is planning to launch a review of the town and village green registration system this year, after the DEFRA received a final report on how the system is working.
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