Nitrogen Credits Commentary

Emily Knowles, Bernadette Hillman and Steve Gummer discuss the impact of nitrate on planning permission and development in the UK. Read more

  NEWS

Jun 23, 2022

Approval of 4000-home development for new town in Cambridgeshire to be challenged at High Court

A local campaign group has been granted permission for judicial review of a decision by South Cambridgeshire District Council to approve a 4,000-home development for a new town on the outskirts of Cambridge.
Jun 22, 2022

Levelling-Up and Regeneration Bill will radically centralise planning decision making and erode public participation, MPs warn

The Levelling Up, Housing and Communities Committee has said government proposals to reform the planning system would "radically" centralise planning decision-making and "substantially" erode public participation in the planning system.
Jun 21, 2022

Judge rejects legal challenge to decision-making for distributor road serving 7,500-home scheme

A judicial review challenging Wiltshire Council's decision-making in relation to a major new distributor road serving a large-scale development project, the Future Chippenham programme, has been dismissed by a High Court judge.
Jun 21, 2022

High Court quashes planning permission over flawed report from planning officer

The High Court has quashed Bristol City Council's grant of planning permission for a 62-home development on a former zoo car park, following a judicial review claim that argued the local authority based its decision on a flawed planning officer's report.
Jun 20, 2022

District council to offer £1.4m to settle costs of planning appeal won by Stansted Airport operator

Uttlesford District Council is to make a Part 36 Offer to Stansted Airport Limited (STAL) of £1.4m in full and final settlement of planning appeal costs.
Jun 13, 2022

Property manager hit with £73k confiscation order after conversion of family homes into flats without permission

A property manager who illegally converted two family homes into eight flats without permission has been ordered to pay £73,850.
Jun 13, 2022

Councils express concern at impact of nutrient and water neutrality on housing supply, criticise uncertainty over offset schemes

More than seven per cent of all of England’s planned house building cannot go ahead due to river pollution levels, with further house building banned in other areas because of low water levels, analysis by the Local Government Association has suggested.
Jun 10, 2022

Local resident agrees adjournment of student housing judicial review challenge in light of change in council administration

A Barnet Council resident has accepted a request by the London borough's legal team to adjourn his judicial review application over plans to build student accommodation in Hendon.
Jun 09, 2022

Chief executive warns council members of Government intervention following rejection of local plan

Castle Point Borough Council is at risk of Government intervention after the local authority voted to abandon a local plan at least four years in the making, according to the council's chief executive.
Jun 07, 2022

City council to bring legal challenge after planning inspector grants permission for 289-dwelling scheme

Newcastle City Council has announced it will challenge a planning inspector's decision to accept a developer's appeal and grant planning permission for a 289-dwelling high-rise set upon a historic quay near the town centre.
May 31, 2022

Local authority and county cricket club defeat appeal over refusal of planning for major scheme next to ground

Trafford Metropolitan Borough Council and Lancashire County Cricket Club have defeated a developer’s appeal against the refusal of planning permission for a residential development which the club feared would lead to noise objections from future residents limiting concerts at the ground.
May 30, 2022

Council secures strike out of parts of witness statement for claimant in £1.7m planning negligence dispute

Hertsmere Borough Council has had 11 paragraphs wholly or partly struck out of a witness statement from developer Primavera Associates, with which it is locked in a planning dispute.

  FEATURES AND ANALYSIS

June 24, 2022

Section 106 planning restrictions on “Car-Free” development

Ben Garbett examines current issues in relation to section 106 agreements and "car-free" development.
June 24, 2022

Land Value Capture Via CPO

Simon Ricketts examines the Government's proposed reforms in relation to compensation following compulsory purchase.
June 17, 2022

Call-In: Article 31 Directions

Article 31 Directions are likely to be more common, writes Simon Ricketts.
June 01, 2022

Queen’s Speech 2022 - planning announcements

The Queen’s Speech sets out the government’s legislative and policy agenda for the new parliamentary session. LexisNexis summarises the key planning announcements.
May 31, 2022

Granting planning permission for airport runway extensions

Eastleigh Borough Council has successfully defended its grant of planning permission for an extension to the runway at Southampton Airport. Barristers at 39 Essex Chambers explain how.
May 27, 2022

Levelling Up and Regeneration Bill: Changes to the Enforcement Regime

Tracy Lovejoy and Erica Snellgrove focus on the proposed changes in the Levelling Up and Regeneration Bill to the planning enforcement regime.
May 27, 2022

Planning with a social conscience

How is the Public Sector Equality Duty impacting planning policy? What is ‘inclusive design’? Bob Pritchard explains.
May 25, 2022

Let’s paint the town green! Government plans for green homes

Laura Campbell discusses the change urgently needed in towns and cities to make the landscape greener.
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  MORE NEWS

May 31, 2022

Local authority and county cricket club defeat appeal over refusal of planning for major scheme next to ground

Trafford Metropolitan Borough Council and Lancashire County Cricket Club have defeated a developer’s appeal against the refusal of planning permission for a residential development which the club feared would lead to noise objections from future residents limiting concerts at the ground.
May 30, 2022

Council secures strike out of parts of witness statement for claimant in £1.7m planning negligence dispute

Hertsmere Borough Council has had 11 paragraphs wholly or partly struck out of a witness statement from developer Primavera Associates, with which it is locked in a planning dispute.
May 26, 2022

High Court rejects judicial review challenge to grant of planning permission for Southampton runway expansion

The High Court has rejected a claim against Eastleigh Borough Council over its decision to grant planning permission for a runway extension at Southampton Airport.
May 26, 2022

Council concedes challenge to grant of planning permission after treating highways and amenity impacts inconsistently

A district council has agreed to the quashing of its grant of planning permission for a change of use of a vacant car showroom to a retail unit with extensions, after admitting that it had treated highways impacts and amenity impacts inconsistently.
May 26, 2022

Borough council launches legal challenge over planning inspector approval for 141-home scheme amid dispute over housing land supply

Ashford Borough Council has lodged a s.288 legal challenge over a planning inspector's decision to allow an appeal of the local authority's refusal of planning permission for a 141-dwelling project.
May 26, 2022

Residents eye appeal after failure of High Court challenge to grant of planning permission for major roof extension

Residents who challenged the London Borough of Lambeth’s decision to allow a vertical extension to their block of flats are considering an appeal after a court heard that the effects of the building work on their lives was considered but not given weight.
May 23, 2022

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 metre ecological corridor

A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.
May 16, 2022

Levelling Up and Regeneration Bill – how is the planning system changing?

Bob Pritchard picks out key elements of the explanatory notes to the Levelling Up and Regeneration Bill to see what changes are in store for the planning system.
May 16, 2022

Government issues policy document on forthcoming changes to planning system

The Department for Levelling Up, Housing and Communities (DLUHC) has published a policy document that summarises prospective changes to the planning system including aspects outside of the Levelling Up and Regeneration Bill.
May 13, 2022

Campaigners secure permission for legal challenge over expansion of Bristol Airport

Opponents of the expansion of Bristol Airport have won permission for a High Court planning statutory review hearing to challenge the Government’s decision to allow its development.
May 12, 2022

Developers hire leading barrister over neutrality ruling by Natural England affecting parts of West Sussex

A group of developers has appointed a leading planning and environmental barrister to advise on how to respond to a ruling by Natural England (NE) that threatens to stop house building in parts of West Sussex.
May 12, 2022

Law Society calls for net gain requirements to be disapplied where biodiversity impact not significant, amid concerns planning system will be slowed down

The Law Society said it believes that 10% biodiversity net gain requirements should be applied “as broadly as possible” and that exemptions should be kept to a minimum, in a response to a consultation undertaken by the Department for Environment, Food and Rural Affairs (DEFRA) on the scope of proposed regulations.
May 10, 2022

Council facing judicial review challenge over approval of plans to double size of poultry farm

A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.
May 09, 2022

Councils call for removal of permitted development rights amid claims more than 18,000 affordable houses lost in office-to-residential conversions

The Local Government Association has called for permitted development rights to be removed, claiming that more than 18,000 affordable houses had been lost as a result of office-to-residential conversions.
Apr 29, 2022

Judge dismisses legal challenge to grant of planning permission for development at race circuit

A Planning Court judge has dismissed a judicial review challenge over a council’s decision to grant planning permission for development at a motor sports race circuit in the Kent Downs Area of Outstanding Natural Beauty.
Apr 26, 2022

High Court to hear challenge to grant of planning permission for airport runway extension

The High Court will this week hear a legal challenge brought by a residents’ group over Eastleigh Borough Council’s grant of planning permission for an extension to the runway at Southampton International Airport.
Apr 26, 2022

Development corporation names two firms to £8m legal services contract

The Ebbsfleet Development Corporation (EDC) has appointed two law firms to provide legal services worth an estimated £8m over three years.
Apr 22, 2022

Administrative courts move to in person hearings as general default position

With effect from 26 April 2022, the general default position in the Administrative Court in Wales and on the Midland, Northern, North-Eastern and Western Circuits will be that hearings will be in person, liaison judges have said.
Apr 21, 2022

Council launches legal challenge to permission for 475-home scheme on ‘green gap’ site

Worthing Borough Council has launched a High Court challenge over a planning inspector’s grant of planning permission for a 475-home development on a ‘green gap’ between Goring and Ferring.
Apr 14, 2022

Council wins High Court challenge to interpretation by planning inspector of its Core Strategy amid concerns over wider consequences

Stratford-on-Avon District Council has succeeded in the High Court in overturning a planning inspector’s decision to grant an appeal, and has been awarded costs of £15,298 against the Secretary of State for Levelling Up, Housing and Communities.
Apr 12, 2022

Royal borough introduces planning order giving consent for solar panels on most Grade II and Grade II* listed buildings

The Royal Borough of Kensington & Chelsea is understood to have become the first in the country to introduce a new planning order that gives consent for solar panels on most Grade II and most Grade II* listed buildings without the need for individual listed building consent.
Apr 11, 2022

High Court quashes grant of planning permission by Secretary of State for Holocaust memorial

A High Court judge has quashed the Secretary of State's decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.
Apr 06, 2022

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries

A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.
Apr 06, 2022

Breach of injunction preventing works on woodland site sees landowner receive jail sentence

A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.
Apr 05, 2022

Judge quashes planning permission for residential extension after planning authority decides not to contest claim

A High Court judge has quashed a planning permission granted by Dorset Council for a residential extension after the local authority did not contest the claim.
Apr 05, 2022

Council secures injunction over residential use of caravans near Ashdown Forest

Wealden District Council has secured a High Court injunction in a bid to stop unauthorised residential use of caravans on a site close to the Ashdown Forest.
Apr 01, 2022

Court hands landowner suspended prison sentence and £5k fine for ignoring planning notices

A landowner in Essex has been given a 3-month suspended prison sentence and a £5,000 fine for continuing to breach High Court injunctions dating back to September 2021.
Mar 31, 2022

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability

A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.
Mar 30, 2022

Judge gives green light to judicial review of permission for 130-flat development amid open space concerns

A High Court judge has given a local resident permission for a judicial review challenge over Barnet Council’s grant of planning permission for the development of 130 flats on public green space next to Finchley Memorial Hospital.

  MORE FEATURES

May 20, 2022

Failure to comply with planning enforcement

The following Planning practice note for LexisNexis provides comprehensive and up to date legal information covering criminal liability and direct action arising from the failure to comply with planning enforcement.
May 13, 2022

S106 agreements and contributions to healthcare services

The High Court recently dismissed a legal challenge to a council’s approach to requests for cash contributions to healthcare services. Saira Kabir Sheikh QC and Michael Brendan Brett analyse the ruling.
May 06, 2022

Permission for Holocaust Memorial quashed

Planning permission for a Holocaust Memorial and Learning Centre next to Parliament has been quashed by the High Court. Douglas Edwards QC, Meyric Lewis, Charles Streeten and Kate Olley explain why.
April 07, 2022

Grant of planning permission does not guarantee modification of a restrictive covenant (Collins and another v Howell and another)

Gemma Duncan and Sydney Chandler analyse and consider the practical implications of the Collins and another v Howell and another case as part of a Planning analysis.
April 04, 2022

Section 106 agreements and the White Paper

What do reforms that propose replacing Section 106 agreements with a National Infrastructure Levy mean for registered providers? Alex Jones explains.
April 01, 2022

Conservation covenants: green shoots or withered vines?

Part 7 of the Environment Act 2021 introduces a new type of local land charge called a "conservation covenant". Tobias Shaw Paul and Trevor Ivory summarise how they work, the operation of similar systems in Scotland and France and how effective they are likely to prove in practice in light of previous experience in these other jurisdictions.
April 01, 2022

Planning units - again

Roderick Morton reports on a case which serves as a reminder of the importance of starting with the planning unit - even inspectors get it wrong.
April 01, 2022

Permitted development rights – local authority planners exert their control

On 18 January 2022, three cases were heard in the High Court regarding the interpretation of the Permitted Development Rights in Class AA and Paragraph AA. 1 of The Town and Country Planning (General Permitted Development) (England) Order 2015. Simon Kenneally and Ifath Nawaz look at the outcome.
March 25, 2022

Biodiversity Net Gain and off-site provision

In the third in a series of articles on Biodiversity Net Gain, Ian Graves and Trevor Ivory consider off-site fulfilment of obligations.
March 25, 2022

In accordance with parameter plans

What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.
March 18, 2022

Measuring Biodiversity Net Gain

In the second in a series on Biodiversity Net Gain, Marc Sorrentino and Trevor Ivory consider the issue of metrics.
March 11, 2022

Biodiversity net gain and the Environment Act 2021

In the first in a series of articles, Amy Truman and Henry Jeffreys examine the elements of the Environment Act 2021 which secure the provision of biodiversity net gain.
March 11, 2022

Not all caravans are the same

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation.
March 04, 2022

Neighbourhood plans and draft Local Plan allocation

A parish council recently won an important victory over whether a neighbourhood plan prevails over draft Local Plan allocation. Meyric Lewis and Kate Olley examine the ruling.
March 04, 2022

Indirect effects and environmental impact assessment

In Finch the Court of Appeal has declined to define significant indirect effects for environmental impact assessment (EIA). Barristers at Cornerstone Barristers consider the ruling.
February 25, 2022

Drafting planning enforcement orders

Celina Colquhoun and Philippa Jackson analyse a High Court ruling that is a relatively rare example of the Courts considering planning enforcement orders and which also provides a useful reminder of the factors that give rise to new planning units.
February 18, 2022

Drop-in permissions: Hillside Parks heads for the Supreme Court

James Burton provides an insightful heads up on a case which has raised questions about overlapping or ‘drop in’ permissions and has wide implications for the development industry, and which is now heading for the Supreme Court.
February 18, 2022

The Court of Appeal on amendments to permitted development rights

Philippa Jackson and Celina Colquhoun analyse the Court of Appeal’s judgment on the challenge to the latest amendments to permitted rights.
February 17, 2022

Local Authority Insight Series Webinar: Neighbourhood Planning - 10 years on

Sue Chadwick and Stephen Morgan look at how successful (or otherwise) the neighbourhood planning system has been since its introduction by the Localism Act 2011 and what it might look like in future.
February 11, 2022

CIL mysteries – simple truths

Roy Pinnock looks at the lessons to be learned from two recent cases on the Community Infrastructure Levy.
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