Planning

Viva La Devolution!

Perhaps it is more like revolution, certainly rapid evolution, and possibly even in some respects the reverse of devolution, writes Simon Ricketts. Read more

NEWS

Jan 23, 2025

Government vows end to “challenge culture” in transformation of judicial review process for major infrastructure projects

The Government has committed to reducing the number of permission stages against Development Consent Orders (DCOs) issued for large infrastructure projects in an attempt to keep nationally significant schemes from being held up by legal disputes.

Jan 22, 2025

High Court quashes poultry farm expansion planning permission over failure to comply with environmental impact assessment regulations

Planning permission to expand a poultry farm in Monmouthshire has been quashed by the High Court after the county council agreed the decision failed to comply with the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.

Jan 22, 2025

Parish council secures quashing order in judicial review of village development

A parish council has successfully challenged Guildford Borough Council's decision to approve a five-home development after arguing it conflicted with a local development plan policy aimed at protecting a river conservation area.

Jan 20, 2025

Law Society opposes raising permission threshold for judicial reviews against development consent orders

The Law Society has said it disagrees with the recommendations of an independent review that suggested raising the permission threshold for judicial reviews against development consent orders (DCOs).

Jan 14, 2025

Property used by London boroughs to house homeless hit with planning enforcement notice

Enfield Council has served a planning enforcement notice on a landlord unlawfully operating a former police station building as a hostel.

Jan 13, 2025

Developers win appeal against council demolition order for 23-storey, twin tower development

Developers who were told to demolish a 23-storey residential development over "significant deviations" from the original planning permission have successfully appealed the decision to the Planning Inspectorate.

Jan 13, 2025

Planning silk awarded CBE in New Year Honours List 2025

High-profile planning barrister Christopher Katkowski KC has been made a CBE for his services to Planning in the New Year Honours List 2025.

Jan 09, 2025

District facing legal challenge over approval for works to listed former church

Runnymede District Council has been taken to judicial review by local activists in a dispute over a listed redundant church building.

Jan 06, 2025

Campaigners launch legal action against redevelopment of former golf course in Wimbledon

A local campaign group has started legal action to challenge the validity of the Mayor of London’s decision to grant planning permission for the All England Lawn Tennis Club (AELTC)’s proposed redevelopment of the former Wimbledon Park golf course.

Jan 06, 2025

Wrexham councillor wins appeal over High Court ruling which led to warnings it would be contempt if members of local authority did not adopt local plan

The Court of Appeal has ruled in favour of a Plaid Cymru councillor who challenged an order made by a High Court judge that Wrexham County Borough Council had no discretion but to adopt its local plan.

Jan 02, 2025

High Court agrees to hear legal challenge to Manchester development plan spanning nine councils

The High Court is set to hear a statutory review challenge against a development plan agreed upon by nine Greater Manchester authorities.

Dec 20, 2024

Law Commission issues consultation paper on changes to "fragmented" law on compulsory purchase

The Law Commission has published a consultation paper on compulsory purchase, as part of its review of the current "complex and inaccessible" law on compulsory purchase and compensation.

FEATURES AND ANALYSIS

January 15, 2025

How green can be my development?

John Pugh-Smith looks at the steps needed to address the delivery of biodiversity net gain against the backdrop of the Government’s call for a surge in housebuilding.

January 15, 2025

NPPF 77 and housing land supply

Josef Cannon KC and Ryan Kohli consider an important High Court case concerning paragraph 77 of the National Planning Policy Framework and housing land supply.

January 10, 2025

The scope of S73 TCPA and Local Planning Authorities’ general power to impose conditions

Sara Hanrahan and James Burton examine a recent Court of Appeal judgment that clarifies some key points of legal principle concerning restrictions on the use of s.73 of the TCPA (Town and Country Planning Act) and has implications for LPA (Local Planning Authorities)’ power to impose conditions generally.

January 10, 2025

Applications for a liability order enforcing CIL

Christopher Cant looks at the procedure for enforcing outstanding Community Infrastructure Levy (CIL) liabilities.

December 16, 2024

Planning Reform – Government Publishes Policy Paper on Modernising Planning Committees

Emily Knowles and James Goldthorpe provide an update on the recent policy developments in planning law.

December 11, 2024

Understanding Local Nature Recovery Strategies

Rohini Vekaria considers the role of Local Nature Recovery Strategies (LNRS).

December 11, 2024

James Bond…or Mission Impossible?

Simon Ricketts assesses the planning announcements made by the Prime Minister in the Government’s Plan for Change.

December 11, 2024

Caravan site PD cannot trump enforcement notice

A borough council recently won an appeal against a First-tier Tribunal decision on conditions to be attached to a caravan site licence. Roderick Morton looks at the lessons from the ruling.

MORE NEWS

Jan 02, 2025

High Court agrees to hear legal challenge to Manchester development plan spanning nine councils

The High Court is set to hear a statutory review challenge against a development plan agreed upon by nine Greater Manchester authorities.

Dec 20, 2024

Law Commission issues consultation paper on changes to "fragmented" law on compulsory purchase

The Law Commission has published a consultation paper on compulsory purchase, as part of its review of the current "complex and inaccessible" law on compulsory purchase and compensation.

Dec 19, 2024

Government consults on further reforms intended to make compulsory purchase process “faster and more efficient”

The Government has detailed a series of reforms aimed at expanding and simplifying compulsory purchase orders (CPOs) in a consultation launched today (19 December).

Dec 19, 2024

London borough obtains High Court injunction to stop unauthorised use of green belt land for parking

Hillingdon Council secured a High Court injunction this month to prevent the unauthorised parking of more than 300 vehicles on green belt land in Harlington.

Dec 18, 2024

Homes England launches Section 106 affordable housing “clearing service”

Homes England has set up a database of available Section 106 housing opportunities across England, excluding London.

Dec 12, 2024

Government announces adoption of revised National Planning Policy Framework aimed at boosting housebuilding

The Government has published its revised National Planning Policy Framework (NPPF), confirming the re-introduction of mandatory housing targets and the introduction of so-called 'Grey Belt' land, alongside new 'golden rules' for building on the Green Belt.

Dec 12, 2024

Judges allow appeal by minister over extension of time for service of statutory review claim form following court office delays

The Court of Appeal has allowed an appeal by the Secretary of State for Housing, Communities and Local Government over a Deputy High Court judge’s decision to extend time for the service of a claim form where the underlying claim was a planning statutory review under s.288 of the Town and Country Planning Act 1990.

Dec 11, 2024

Court of Appeal hands down ruling on restrictions on use of section 73 TCPA

Test Valley Borough Council has lost a case in the Court of Appeal over the use of section 73 of the Town and County Planning Act 1990.

Dec 11, 2024

Tesco hit with over £20k in fines and costs after store ignored planning condition on deliveries

Bromley Council has successfully prosecuted supermarket giant Tesco after one of its stores failed to comply with a planning condition that specified it could only make deliveries via a certain road.

Dec 09, 2024

Planning applications that comply with local development plans could “bypass planning committees entirely”, Government proposes

The Ministry of Housing, Communities and Local Government has unveiled proposals to overhaul the role of planning committees, with changes that could see decisions bypass committees entirely if applications comply with local development plans.

Dec 06, 2024

Council planning staff arrested over suspected bribery offences

West Yorkshire Police have arrested four Leeds City Council staff members on suspicion of bribery offences.

Dec 06, 2024

PM sets target of decisions being taken on 150 major infrastructure projects under streamlined approval process

The Prime Minister has attacked “the nimbys, the regulators, the blockers and bureaucrats…the alliance of naysayers” as he unveiled a target of fast-tracking decisions on 150 major infrastructure projects in this Parliament.

Dec 05, 2024

High Court rejects judicial review bid as out of time in case where council consulted residents on wrong street

North Northamptonshire Council “fell well below the standard to be expected” in handling planning applications when it twice confused two separate sites and so failed to properly consult the public on a development.

Dec 03, 2024

Councils warn Government over housing targets

The vast majority of councils have expressed concern to the Government about whether its plan to build 1.5 million new homes over the next five years is achievable, according to analysis by the BBC of councils’ responses to a consultation exercise carried out by the Ministry of Housing, Communities and Local Government.

Nov 28, 2024

Welsh council facing renewed judicial review bid over second homes and holiday lets direction

The claimant seeking to bring a judicial review challenge over Gwynedd Council's 'Article 4 Direction’ aimed at curbing second homes and short-term holiday lets has applied for a renewal of their application for permission.

Nov 18, 2024

High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets

An application for judicial review of Gwynedd Council's implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.

Nov 15, 2024

Office for Place to be scrapped

The Government has decided to close the Office for Place and pass its responsibilities back to the Ministry for Housing, Communities and Local Government (MHCLG).

Nov 14, 2024

Planning Inspectorate issues revised guidance on Statements of Common Ground

The Planning Inspectorate has updated its guidance on preparing Statements of Common Ground (SoCGs) used in appeals of council planning decisions.

Nov 13, 2024

London borough refused permission to appeal in £1.6m Community Infrastructure Levy dispute

Lord Justice Lewison has refused Newham Council permission to appeal the High Court's dismissal of its judicial review application of HM Revenue & Custom’s (HMRC) decision that a floating hotel is not a building for Community Infrastructure Levy (CIL) purposes.

Nov 13, 2024

High Court agrees to hear judicial review challenge over permission for redevelopment of former city zoo site

Law firm Leigh Day has said the High Court will hear a judicial review brought by objectors to the redevelopment of the former Bristol Zoo site.

Nov 11, 2024

Crown Court orders landlord behind “micro flats” conversion to pay £280k

A Crown Court judge has ordered a landlord to pay more than £280,000 in fines, confiscation order and costs after he ignored an enforcement notice by Ealing Council to return a home to its former condition.

Nov 07, 2024

Supreme Court agrees to hear test case on appropriate assessment against backdrop of nutrient neutrality issues

The Supreme Court has granted permission to appeal over whether the Conservation of Habitats and Species Regulations 2017 ("the Habitats Regulations"), properly interpreted, required an "appropriate assessment" before a local planning authority decided whether to discharge conditions on the approval of reserved matters, having previously granted outline planning permission, without such an…

Nov 07, 2024

Wildlife rescuer who kept 16 foxes on property wins odour abatement notice dispute

A magistrates' court has found that a wildlife rescuer was not guilty of breaching an abatement notice issued by East Hampshire District Council (EHDC) over odour nuisances from foxes she looked after on her property.

Nov 06, 2024

Council secures interim injunction in bid to keep affordable homes subject to section 106 agreement

The High Court has granted an interim injunction requiring a set of flats to be used as affordable housing after Westminster City Council argued a property owner must honour a section 106 agreement.

Nov 05, 2024

Borough council takes "unusual" decision to build school

Hampshire County Council has established a steering group and is seeking a "step in clause" as part of a section 106 agreement in order to oversee Eastleigh Borough Council's "unusual" decision to build a primary school as part of a 2,500-home development.

Nov 01, 2024

Council makes fresh High Court application for demolition of building following “lack of compliance” from site owner

North Northamptonshire Council has applied to the High Court for the rights to access a site to carry out the demolition of what it claims is an “unsafe” building.

Nov 01, 2024

Council admits planning enforcement backlog with 170 cases more than four years old creates risk of immunity

A planning officer at Dorset Council has warned that the council may not be able to enforce alleged planning breaches with 170 cases more than four years old.

Oct 31, 2024

Secretary of State defends High Court challenge to grant by inspector of permission for schemes providing 721 homes

The Secretary of State for Levelling Up, Housing and Communities did not act unlawfully by failing to take account of a planning report published only after the inquiry concerned closed, though before his decision.

Oct 29, 2024

Council secures injunction after developer fails to build-out affordable homes

Bolsover District Council has secured an interim injunction against a developer prohibiting them from building, selling or leasing any more properties on a development after the council claimed the developer had not built enough affordable homes.

MORE FEATURES

December 11, 2024

Installing telegraph poles

The High Court recently rejected a judicial review challenge to the erection of telegraph poles. Gabriel Nelson examines the ruling, which considered the relationship between the GDPO and the Electronic Communications Code (Conditions and Restrictions) Regulations 2003.

December 06, 2024

Service of claims and extension of time

A failure to abide by court rules meant that a judicial review claim challenging the grant of planning permission for the Bristol Sporting Quarter project failed at the first hurdle. Kary Withers explains why.

December 06, 2024

Planning powers of local authorities to combat climate change

In this paper Alex Goodman KC considers two cases about the role planning, and specifically local energy efficiency standards, can play in tackling climate change.

November 29, 2024

Perception of harm as a material planning consideration

The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.

November 29, 2024

Highway to Homes

Thomas Horner looks at the role of infrastructure in housing development.

November 22, 2024

World Heritage Sites – the Stonehenge judgment

Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.

November 22, 2024

High Street revival

The Government has confirmed that councils will have the power to hold high street rental auctions from 2 December. Lucy McDonnell and Megan Forbes look at how the regime will work, including from a planning perspective.

November 22, 2024

When AI meets planning

Roy Pinnock and Maria Polycarpou look at the need to strike a balance between efficiency and clarity when it comes to the use of AI in the field of planning.

November 13, 2024

Biodiversity Net Gain and Compulsory Purchase

Michael Dempsey considers government CPO guidance in the context of the mandatory Biodiversity Net Gain (BNG) regime, and the practical implications for schemes contemplating the compulsory acquisition of land for onsite BNG.

November 13, 2024

Challenge to permission for mega-basement rejected

A High Court judge recently dismissed a judicial review challenge over the grant of planning permission for a ‘mega-basement’ in London. Charles Streeten explains why.

November 13, 2024

"Is an excuse a use"

A recent High Court case has provided a reminder that care must be taken to distinguish between “commencement” cases and “continuous use” cases based on immunity, writes Roderick Morton.

November 09, 2024

Much ado about timescales - planning challenges

A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.

November 08, 2024

Hopeless but not the same?

The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.

October 24, 2024

‘How now, brown…field?’ – Legal considerations for councils in light of new brownfield funding

James Mallery-Nelson discusses the recent developments in planning relating to 'brownfield' land and how the government is helping councils make use of the sites.

October 17, 2024

Biodiversity Net Gain and Planning Enforcement - a conundrum

Izindi Visagie looks at the issues for planning and planning enforcement teams when it comes to enforcing the Biodiversity Net Gain regime.

October 17, 2024

106 questions and the future of neighbourhood planning ain’t one

There are important questions to be asked about the role of neighbourhood planning, writes Simon Ricketts.

October 17, 2024

Weighty matters for Biodiversity Net Gain

Ned Helme looks at a High Court judge’s recent guidance to decision-makers on weighing biodiversity net gain improvements.

October 17, 2024

Pride, prejudice, and planning procedure

Ella Grodzinski analyses a recent High Court judgment on the impact of alleged bias on a grant of planning permission following a particularly acrimonious meeting of a council’s planning committee.

October 11, 2024

Mediation in planning – a look over the border

Simon Barnes provides insight into the benefits of resolving planning disputes with mediation and looks into what England can learn from the Scottish system.

October 04, 2024

When is an outbuilding an extension?

Roderick Morton analyses a High Court ruling on whether in order to be an extension for the purposes of the National Planning Policy Framework, a structure said to be an extension must always be physically attached to the building of which it is purportedly an extension.