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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. Read more

  NEWS

  FEATURES AND ANALYSIS

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.

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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 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 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 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.

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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.
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 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.
September 12, 2024

The interaction between planning legislation and adjacent regulatory regimes

In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Daniel Henderson looks at the lessons from the ruling.
September 05, 2024

“Ariyo, Round 2”

The Court of Appeal recently upheld a High Court decision quashing a grant of planning permission in which the interpretation of a previous permission played a key part, despite finding that the High Court had misinterpreted that previous permission. Roderick Morton explains why.