Simonicity

2 ACV Disputes

14th July 2018

The listing of land or buildings as an asset of community value has legal consequences but ones that will seldom be determinative as to an owner’s longterm plans. Whilst disposal of a freehold or long leasehold interest can’t take place without community groups being given an opportunity to bid, there is no obligation to accept …

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The Planning Court

8th July 2018

Time flies. The Planning Court started life on 6 April 2014, as a specialist list within the Queen’s Bench Division of the High Court. The Queen’s Bench Division includes the Administrative Court, which is responsible for public law claims, which are usually pursued by way of judicial review or by way of a quasi- judicial …

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Challenging Plans Before They Are Hatched

30th June 2018

Can you challenge a draft local plan in the High Court before it is submitted to the Secretary of State for examination? When does the ouster in section 113 of the Planning and Compulsory Purchase Act 2004 kick in, which prevents development plan documents from being “questioned in any legal proceedings” except by way of …

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Permission Quashed Due To PSED Failure

22nd June 2018

This year has seen a few cases that will have made developers and decision makers somewhat nervous as to the sheer variety of matters which may give objectors a basis for judicial review, depending of course on the facts in each situation and the reasoning set out for the relevant decision. After, for instance Rainbird …

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Long Players: Time & Money

15th June 2018

Is there more that can be done to encourage timely resolution of issues that arise at planning application stage? Two prompts for this blog post: 1.Provectus Remediation Limited v Derbyshire County Council (Sir Wyn Williams, 8 June 2018), which considered the circumstances in which an applicant for planning permission is entitled to a full fee …

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Judicious Review?

9th June 2018

It’s the examination season: daughter, university finals; son, A levels; me, asked by a journal for my thoughts on the interim report published by the Raynsford Review (Planning 2020: Interim report of the Raynsford review of Planning in England May 2018). I’m sharing my first thoughts with you so please set me right, because I …

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Community Benefits

2nd June 2018

The road to the High Court is paved with good intentions. Who doesn’t want development to deliver all manner of gains to a community? But at the planning application or appeal stage, the developer and decision maker need to be clear in their thinking as to whether each commitment made is material to the decision-making …

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So Who Did Win The SPG JR?

26th May 2018

Isn’t it heartwarming when the opposing parties in litigation all claim to have won? He said wryly. Ouseley J’s judgment in McCarthy & Stone Retirement Lifestyles Limited, Churchill Retirement Living Limited, Pegasus Life Limited and Renaissance Retirement Limited v Mayor of London was handed down at 10.30 am on 23 May. The Mayor rapidly issued …

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You’ve Been Frameworked!

19th May 2018

By the Government’s 10 May deadline, over 20,000 responses were received to the draft revised NPPF, albeit apparently almost half of them duplicated campaign responses (for example the TCPA-led campaign to reinstate the express support for garden city principles that is in the current framework). The final version is expected in the week beginning 16 …

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All About That Base

12th May 2018

Good planning relies on good baselines. Determining the correct baseline or fallback position is the vital starting point for determining the effects that a development proposal would have, but is not easy – often involving the need for judgment as to what can be done in any event without planning permission or what the position …

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Talk About Town

9 June 2018

‘Heading towards a viable future?’ by Spencer Tewis-Allen, as featured in the Estates Gazette

 

21 April 2018

‘Developers left in the dark on light’ by Patrick Robinson, as featured in the Estates Gazette

 

24 March 2018

Town Legal ranked second for planning according to Planning Magazine

Clare Fielding and Simon Ricketts in top 20 planning solicitors with Simon topping the league for the ninth consecutive year

Mary Cook in top 2 planning junior barristers

 

24th February 2018

‘A Reckoning with the C classes’ by Ricardo Gama, as featured in The Estates Gazette

 

21 December 2017

‘New Habitats Regulations and a ‘Green Brexit” by Juliet Munn, as featured in Inside Ecology

 

4 November 2017

Town Legal ranked in Chambers and Partners Guide 2018

 

11 October 2017

Town Legal named one of the best planning law firms in the UK Legal 500

Simon Ricketts, Clare Fielding and Patrick Robinson named as leading individuals in planning

 

24 March 2017

Town Legal in top 3 firms for planning in the country according to Planning Magazine

Clare Fielding, Simon Ricketts and Patrick Robinson in top 25 planning solicitors, with Simon topping the league for the eighth consecutive year

Mary Cook in top 3 junior planning barristers

 

17 March 2017

The Planner’s women of influence 2017 featuring Meeta Kaur and Mary Cook

 

16 March 2017

Piece about Town in the Planner magazine

 

30 January 2017

Clare Fielding a Hot 100 lawyer

 

28 January 2017

Estates Gazette article about Town

 

12 October 2016

Legal Week article about Town

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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