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Government Legal Department Vacancies

Planning reform to accelerate housing delivery - at what cost?

Chrisa Tsompani examines how the Government’s sweeping planning reforms could reshape every layer of the building sector – from local authorities to small-medium builders, and considers the critical implications for environmental policies. Read more

  NEWS

Jun 09, 2025

David Kerfoot obituary

David Browne and Stephen Humphreys pay tribute to planning solicitor David Kerfoot.

  FEATURES AND ANALYSIS

June 11, 2025

Clarity on solar ‘overplanting’

The High Court recently considered the role of a National Policy Statement in an ‘overplanted’ solar farm development with capacity under 50MW. Katherine Evans examines the ruling.
June 06, 2025

Restrictive covenants and practical benefits

The Court of Appeal recently considered whether restrictive covenants in a lease provided the lessor, which was also the planning authority, with practical benefits of substantial value or advantage to it. Lina Mattsson looks at the lessons of the case.
June 06, 2025

Section 106s and yet more reflection

John Pugh-Smith considers not only the “takeaways” from a recent case on publication of draft section 106 agreements, but also reflects on how the litigation could have been avoided or truncated had “ADR” (Alternative Dispute Resolution) been deployed.
May 30, 2025

Now build

Simon Ricketts looks at the Government’s white paper on speeding up homes being built and its technical consultation on requiring transparency and accountability measures for build out rates on housing sites.

  MORE NEWS

May 23, 2025

Judge blocks council bid to evict Romani family from car park site

Medway Council's decision to issue a possession order requiring a family of travellers to leave a disused car park represented a "disproportionate interference" with their rights under article 8.2 of the European Convention on Human Rights, a County Court judge has found.

  MORE FEATURES

May 14, 2025

The role of the Nature Restoration Fund

Rohini Vekaria looks at the potential for the Nature Restoration Fund to be another mechanism to help the natural environment without hindering development.
May 14, 2025

Traveller caravan sites and planning permission

Planning permission was recently refused for a material change of use of land to a gypsy/traveller caravan site despite there being no five-year supply of deliverable pitches or available alternative sites. Mark O’Brien O’Reilly explains why.
May 09, 2025

As safe as CLEUDs?

A recent decision handed down by Mr Justice Jay underlies the need for caution when relying on a Certificate of Lawfulness of Existing Use or Development (CLEUD), write James Findlay KC and Clare Parry.
May 09, 2025

Changes to s.106 procedures required to safeguard planning permission

The Court of Appeal has decided that failing to publish a s.106 agreement (or unilateral undertaking or s.278 highway agreement) prior to granting planning permission can render a planning permission granted in reliance on that agreement unlawful. Victoria Searle sets out the actions councils need to take following the ruling.
May 02, 2025

Time limits and CIL

Christopher Cant looks at the lessons to be learned from a recent judicial review challenge over a council’s decision to issue and serve a CIL (Community Infrastructure Levy) stop notice.
April 25, 2025

Publication of s106 planning obligations

The Court of Appeal has recently overturned a High Court ruling and found that the grant of planning permission by Isle of Wight Council for 473 dwellings was unlawful. Charles Streeten and Brendan Brett explain why.
April 09, 2025

Local authority constitutions and the right of councillors to vote

The Supreme Court has handed down a landmark ruling on the lawfulness of a provision in a local authority's constitution which restricted voting by members on deferred applications for planning permission to those who had been present at the meeting or meetings at which the application had previously been considered. Philip McCourt set out the key points from the judgment.
April 09, 2025

When clear reasons are needed for granting permission

A Planning Court judge recently ruled that the reason given by a council for granting permission against officer advice did not deal adequately with the important principal issues of development in the countryside, sustainability and precedent. Lucy McDonnell looks at the lessons from the judgment.
April 09, 2025

Picking up the bill

Who is counting the coppers in the race for local nuclear plants? Fraser Sampson and Sue Chadwick look at how the planning system might both assess and mitigate security risks within the current legislative and policy context.
April 09, 2025

The problem with Biodiversity Net Gain

One year on from new legislation making biodiversity net gain (BNG) a legal requirement for developers, research shows it has delivered less than half the habitat expected. David Richardson looks at what’s holding BNG back.
April 04, 2025

Take it to the bridge

The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.
March 28, 2025

Setting planning fees locally

Nagla Stevens looks at provisions in the Planning and Infrastructure Bill 2025 that will allow local planning authorities to set planning application fees locally.
March 13, 2025

Recent appeals give colour to Grey Belt development uncertainty

Recent changes to the policy on Green Belt development in the National Planning Policy Framework (NPPF) have led to a string of decisions relating to schemes on grey belt land. Hermione Kemp and Matthew Tucker explore what the changes mean in practice and the implications of the decisions below.