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Planning for the recovery - episode 4

The panel of planning barristers from No5 return again with answers to a range of questions from across the planning sector. Christopher Young QC, Thea Osmund-Smith, James Corbet Burcher, Jack Smyth and Leanne Buckley-Thomson discuss government legislation, guidance and broader sector activity.

  1. Is open market housing mix a reserved matter?
  2. COVID-19 is likely to give councils a get out of jail free card in terms of achieving their housing delivery targets. What Approach do you foresee for the Local Plans coming forward, is this liekly to cause a blacklog or will the shortfall be written off because of the extraordinary circumstances?
  3. How can we monitor completions?
  4. A question about development in rural locations - compatibility with plans, the policies of which don't seem to accord with the NPPF.
  5. Do you have an update in terms of either the publication of the White Paper, or the progress of the Environment Bill?
  6. How can we challenge existing large housing sites in rural areas to supplement these with individual local housegold needs of smaller landholdings, often owned by the families concerned in villages?
  7. In the event of a council continuing to enforce the CIL Regs payment dates, is there an appeal route that a developer could take and would this government advice have weight in defending a delayed payment?
  8. What changes do the panel think will come about as a result of the Secretary of State's handling of the Westferry Print decision?
  9. What steps are you taking to prepare your team for the upcoming virtual inquiry?
  10. Please advise on breach of S106 and the Limitation Act, and perhaps other practical matters relating to Section 106 Agreements sealing/witnessing
  11. Do the green belt judgements in Guildford and Leeds conflict or perfectly align?
  12. What are the panel's views on the lawfulness of hybrid committee meetings at present in England (as they are permitted in Wales), whereby some councillors could attend at the Council offices and others remotely?

About the speakers

Sian Davies

Christopher Young QC

Chris acts for all of the UK’s leading house builders and most of the major land promoters such as Hallam Land, Gleeson, St Modwen, UKSL, IM Properties, Welbeck, Richborough Estates.

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Leanne Buckley-Thomson

Leanne Buckley-Thomson is a member of the Commercial Litigation, Planning and Environment and Real Estate groups at No5 Barristers’ Chambers.

thea osmund smith 0446 web

Thea Osmund-Smith

Thea Osmund-Smith is a member of the Planning and Environment and Environmental Law groups at No5 Barristers’ Chambers.

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James Corbet Burcher

James Corbet Burcher is a member of No5 Chambers Planning and Environment Group

christian hawley 7260 web

Jack Smyth

Jack has a strong practice across the piste in Planning and Environmental law with a particular interest in High Court challenges and enforcement.
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