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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Nothing Was Delivered

10th February 2018

“Nothing was delivered/And I tell this truth to you/Not out of spite or anger/But simply because it’s true” (Bob Dylan) It was the first meeting on 5 February of the prime minister’s housing implementation taskforce. The subsequent press statement summarises the event as follows: “Today the Prime Minister chaired the first meeting of the Housing Implementation …

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Restricting Pre-Commencement Conditions: It Will Be A Start

2nd February 2018

A few words on planning law before something more important.  This week it was good to see MHCLG’s consultation document Improving the use of planning conditions: consultation on draft regulations (30 January 2018). Unnecessary pre-commencement conditions and the jams caused to project programmes are a pain. However, I’m not sure that this remedy is the …

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Expletive Deleted: Revising Policy

27th January 2018

I learned today from an Independent piece (27 January 2018) that “an “expletive” originally meant any unnecessary word or phrase used to fill out a sentence. It comes from the Latin ex-, out, and plere, fill, and came to mean a swear word only in the 19th century.” This coincides with what I was going …

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Sajid Javid: Agent Of Change?

19th January 2018

Sajid Javid’s statement Strengthened planning rules to protect music venues and their neighbours on 18 January 2018, confirming that the “agent of change” principle would be included in the revised NPPF, was widely supported.  But this was hardly news was it? Go back to the February 2017 housing white paper: “Noise and other impacts on …

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Dear Mr Raab, This Case Illustrates Much Of What Is Wrong With Planning

12th January 2018

Spare a thought for Dominic Raab, who was appointed minister for housing on 9 January 2018. (Is he also minister for planning as his predecessors were? Who knows?). Linklaters-trained lawyer, he may have thought that the EU was byzantine in its tiers of policy making but that is surely as nothing compared to the English …

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Brownfield Land Registers: A Bit Of Progress

5th January 2018

I last blogged about the new brownfield land regime back in April 2017. Back then, the deadline of 31 December 2017 had been set for local planning authorities to publish their first registers. We were also waiting for the final set of regulations that would set out the procedure by which, if your land is …

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Planning Law In 2018: This Is Not A Love Song

30th December 2017

This is not a proper simonicity blog post but a quick review of the year that was 2017, followed by a comment-free look at 2018, which promises, conversely, to be the year of the review. 2017: review of the year To use the popularity or otherwise of simonicity blog posts during the year as a …

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Town Centres First? Two Recent Decisions

22nd December 2017

I blogged in Sequential Test: Still Testing (23 September 2016) on the uncertainties of the “town centres first” sequential test in the NPPF and in particular how much flexibility needs to be shown by a prospective developer in looking for more central sites before being granted permission in an edge or out of town centre location. …

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How Much Weight Does The Draft London Plan Have In Decision-Making?

15th December 2017

There’s a facetious answer, a political answer, a legal answer and a practical answer.  The facetious answer?  2 kg. (It’s a whopper).   The political answer? I’ve heard Deputy Mayor Jules Pipe confirm at a London First event that the Mayor will immediately take it into account. The Mayor’s website says: “The current 2016 consolidation …

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The Town Library

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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