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Risk v reward: Challenges in modernising the process of determining planning applications

David Richardson examines the Government's proposed reforms to the process of determining planning applications and in particular the suggested introduction of a national scheme of delegation. Read more

  NEWS

Feb 10, 2025

Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals

The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an ‘appropriate assessment’ to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.

  FEATURES AND ANALYSIS

February 12, 2025

The role and relationship of NPPF and PPG

The Court of Appeal has provided guidance on flood risk policy and guidance in the National Planning Policy Framework (“NPPF”) and Planning Practice Guidance (“PPG”), and the role and relationship of the NPPF and PPG more generally, writes Hugh Flanagan.
January 31, 2025

Planning reform: development and nature recovery

Stephen Tromans KC and Ned Helme consider the “Planning Reform Working Paper: Development and Nature Recovery” and how the Government’s aims of drastically increasing the rate of housebuilding and infrastructure development can proceed whilst also achieving the equally challenging commitments on net zero and ambitions for nature recovery.
January 24, 2025

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.
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.

  MORE NEWS

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.

  MORE FEATURES

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.
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.
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

"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.