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 …
Read More“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 …
Read MoreA 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 …
Read MoreThis 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 …
Read MoreLife 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 …
Read MoreFeeling 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 …
Read MoreBookends 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 …
Read MoreAll 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 …
Read MoreHow 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. …
Read MoreA 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 …
Read More4 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
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
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
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
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
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
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
4 January 2017
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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