EU Court Ruling: Ignore Mitigation Measures In Habitats Screening

20th April 2018

POW, indeed. The People Over Wind ruling (Court of Justice of the EU, 12 April 2018) is short but striking. The issue is an important one. There are two steps that a decision maker must follow in determining whether a plan or project is likely to affect a Special Area of Conservation under the Habitats …

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Telephone Kiosks vs Homes

14th April 2018

“Does the flap of a butterfly’s wings in Brazil set off a tornado in Texas?” (Edward Lorenz) Congratulations to Trudi Elliott for her well-deserved appointment as independent chair of the Planning Inspectorate’s board of directors on 1 April 2018. She is uniquely qualified for the role and it is such a crucial time for the …

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Fawlty Powers: When Is A Permission Safe From Judicial Review?

7th April 2018

A case last month arising from a howler of a permission for the erection of three marquees in the grounds of a hotel, a permission that was intended to be temporary but was issued without any condition to that effect, has potentially created a real mess.  Pretty much the main thing that the commercial and …

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Green Belt Developments

30th March 2018

This month’s green belt news: two Court of Appeal rulings, a Secretary of State decision letter and of course the draft revised NPPF. Brown v London Borough of Ealing (Court of Appeal, 23 March 2018) was a judicial review of a local authority’s grant of planning permission for a first team training and academy facility …

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Once More Unto The Breach Of Legitimate Expectation, Dear Friends

24th March 2018

Life can be tough. A public authority may have complied with the letter of the law but by its actions you feel that you have been treated unfairly.  Of course, complying with what the legislation strictly requires is not the limit of an authority’s legal responsibilities. The authority also must comply with wider principles of …

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Permitted Development: À La Recherche Du Temps Perdu

17th March 2018

Feeling a little Proustian après MIPIM? Where did that time go? Some minor changes have been made this month to PD rights, more significant changes are possibly still to come and some existing PD rights remain controversial. The minor changes The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2018 was made on …

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Developer Contributions, CIL, Viability: Are We Nearly There Yet?

10th March 2018

Bookends to this last week: On Monday 5 March 2018 the draft revised NPPF , accompanying consultation proposals document and the Government’s response to the housing white paper consultation were all published, as well as the two documents I’ll focus on in this blog post: – Supporting housing delivery through developer contributions: Reforming developer contributions …

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A Change Is Gonna Come (But Should It Really Need A Fresh Planning Permission?)

3rd March 2018

All change on Monday, with sight of the draft revised NPPF, but this blog post focuses on a more fundamental issue: how unnecessarily hard it can be to make changes to a scheme that has planning permission without having to go back to the very beginning again. Why do schemes change post-permission in the first …

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Through A Glass Darkly: To BRE Or Not To BRE

24th February 2018

How to determine whether the impact from a proposed development on the daylight and sunlight enjoyed by neighbours, or to be enjoyed by future occupiers of the scheme, is appropriate? That is the question.  The problems are multi-layered: – There is no practical guidance in the NPPF or NPPG as the approach to be taken. …

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The Extra Care Question: RU-C2 or C3-UCO?

17th February 2018

A long time ago in a galaxy far, far away, Parliament made the Use Classes Order.  I referred in my 16 September 2017 blog post Class Distinctions: Planning For Older People to the blurred distinction between C2 (basically use for the provision of residential accommodation and care to people in need of care) and C3 (basically …

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The Town Library

13 February 2018

Marshall v East Dorset DC – (High Court, Lang J) prior approval applications


9 February 2018

Pearl v Maldon DC – (High Court, John Howell QC) delegated reserved matters approval unlawful; issue as to whether application departed from outline


12 January 2018

Richborough Estates and ors v SSCLG – (High Court, Dove J) written ministerial statement on housing land supply and presumption in favour of sustainable development upheld

Preston New Road Action Group v SSCLG – (Court of Appeal, Lindblom LJ) NPPF paragraph 109 and fracking

Legard v RB Kensington and Chelsea – (High Court, Dove J) examination of neighbourhood plan


19 December 2017

Building a Safer Future – Independent Review of Building Regulations and Fire Safety 


18 December 2017

Mayor of London directs refusal on Grahame Park Estate application

Planning Future report – Delivering the Planning Service We Need: Building Planning Department Capacity


15 December 2017

Bishop v Westminster CC – (High Court, Charles George QC) significant defects in planning application documents


14 December 2017

Wright v Forest of Dean DC – (Court of Appeal, Hickinbottom LJ) community donations cannot lawfully be taken into account


13 December 2017

The Community Infrastructure Levy (Amendment) Regulations 2018


6 December 2017

Dover DC v CPRE Kent – (Supreme Court, Lord Carnwath) duty to give reasons


30 November 2017

Oyston Estates v Fylde Borough Council – (High Court, Kerr J) out of time challenge to neighbourhood plan


29 November 2017

Save Britain’s Heritage v SSCLG – (High Court, Lang J) decision not to call in application


23 November 2017

William Davis v Charnwood BC – (High Court, Gilbart J) housing mix policy cannot be contained in supplementary planning document


16 November 2017

Written ministerial statement on local plan intervention

Hallam Land Management v SSCLG – (High Court, Supperstone J) planning appeals; no need for Secretary of State to decide figure for five year housing land supply

Friends of Finsbury Park v Haringey LBC – (Court of Appeal, Hickinbottom LJ) power to use public parks for music festivals


7 November 2017

Harvey v Mendip DC – (Court of Appeal, Sales LJ) meeting need in rural exceptions policy


27 October 2017

Mayor of London publishes borough-by-borough housing need figures


25 October 2017

Aberdeen City and Shire SDPA v Elsick Development Company – (Supreme Court, Lord Hodge) planning obligations pooling policy


20 October 2017

St Modwen Developments v SSCLG – (Court of Appeal, Lindblom) NPPF paragraph 47: “supply of specific deliverable sites”


3 October 2017

Lambeth v SSCLG – (High Court, Lang J) interpretation of planning permissions; missing conditions


15 September 2017

RSPB, Friends of the Earth and Client Earth v Secretary of State for Justice – (High Court, Dove J) Aarhus cost capping in environmental JRs

Shirley v SSCLG – (High Court, Dove J) Air Quality Directive duties; decision not to call in


8 September 2017

Mansell v Tonbridge & Malling Borough Council – (Court of Appeal, Lindblom LJ) a warning against overly legalistic Planning Court challenges


16 August 2017

Mayor of London’s Affordable Housing and Viability Supplementary Planning Guidance


3 July 2017

Barwood Strategic Land II LLP v East Staffordshire Borough Council & Anor – (Court of Appeal, Lindblom LJ) operation of presumption in favour of sustainable development and section 38(6) development plan presumption


13 June 2017

The Government of the Republic of France v RB Kensington and Chelsea, the Crown Estate Commissioners & Mr and Mrs Hunt – (Court of Appeal, Hickinbottom LJ) certificates of lawfulness of proposed use or development


12 May 2017

Khodari v RB Kensington and Chelsea – (Court of Appeal, Lewison LJ) parking restrictions and section 106


10 May 2017

Suffolk Coastal/Cheshire East v Hopkins Homes/Richborough Estates – (Supreme Court, Lords Carnwath and Gill) application of paras 14 and 49 NPPF


27 April 2017

Neighbourhood Planning Act 2017


24 April 2017

Zipporah Lisle-Mainwaring v Isleworth Crown Court and RBKC – (Admin Court) Claimant wins right to keep stripes on outside of house


21 April 2017

DCLG: Brownfield registers and permission in principle FAQs


20 April 2017

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 made


3 April 2017

Government response to February 2016 technical consultation on implementation of planning changes, including permission in principle and brownfield registers


29 March 2017

Dunnett Investments Limited v Secretary of State for Communities and Local Government – (Court of Appeal) condition which prevented changes from B1 without express consent of LPA prevented office to resi GPDO change


23 March 2017

The Town and Country Planning (Brownfield Land Register) Regulations 2017 and The Town and Country Planning (Permission in Principle) Order 2017 made


20 March 2017

Skipton Properties Limited v Craven District Council – (Jay J) “interim planning guidance” which should have been DPD


20 March 2017

Wealden District Council v Secretary of State for Communities and Local Government – (Jay J) Habitats Directive cumulative effects


17 March 2017

Watermead Parish Council v Aylesbury Vale District Council – (Court of Appeal) meaning of “areas at risk of flooding” (NPPF 100 to 104)


14 March 2017

Dartford Borough Council v Secretary of State – (Court of Appeal) meaning of previously developed land; gardens outside built-up areas


9 March 2017

Wylde v Waverley Borough Council – (Dove J) scheme objectors who are not economic operators have no standing to challenge public procurement process


2 March 2017

R (Lucas for Save Diggle Group) v Oldham Borough Council – (Kerr J) alternative sites consideration (& more)


22 February 2017

Homes and Communities Agency v J S Bloor (Wilmslow) Ltd (Supreme Court)- CPO compensation and “planning status” of land.


15 February 2017

Oakley v South Cambridgeshire District Council (Court of Appeal) – duty to give reasons when granting planning permission


10 February 2017

R (DLA Delivery Ltd) v Lewes District Council and Newick Parish Council (Court of Appeal) – neighbourhood plans


7 February 2017

Housing White Paper

Planning and affordable housing for Build To Rent

Response to changes to NPPF consultation

Starter homes regulations: technical consultation

Implementation of planning changes: technical consultation

Report of the Local Plans Expert Group: government response to the CLG Select Committee inquiry

Community Infrastructure Levy review: report to government


2 February 2017

Written ministerial statement: consultation on draft Airports NPS

Draft Airports NPS

Civil Procedure (Amendment) Rules 2017 – see amended Part 45 for changes to JR costs capping rules, effective from 28 February 2017


31 January 2017

Secretary of State and Knight Developments Limited v Wealden District Council  (Court of Appeal)


30 January 2017

R (London Borough of Hillingdon & others) v Secretary of State for Transport  (Cranston J) – proposed aviation NPS, s13 Planning Act 2008


22 January 2017

PM’s Modern Industrial Strategy announcement


16 January 2017

R (Boot) v Elmbridge Borough Council [2017] EWHC 12 (Admin)  – green belt, para 89 NPPF


9 January 2017

The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (DRAFT)
and Explanatory Memorandum


5 January 2017

Homes and Communities Agency: Shared Ownership and Affordable Homes Programme 2016 to 2021 (Addendum to Prospectus)


4 January 2017

House of Commons Environmental Audit Committee Report: The Future of the Natural Environment after the EU Referendum


3 January 2017

DCLG Press Release: Green light for construction of thousands of new Starter Homes


2 January 2017

DCLG Press Release: First ever garden villages named with government support


1 January 2017

Government’s response to HS2 House of Lords Select Committee report


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