One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600

Climate emergency #3: have you thought about New Housing?

In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing? Read more
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  NEWS

Dec 10, 2019

Borough council sees off statutory challenges to adoption of Local Plan

A Planning Court judge has rejected s.113 statutory challenges brought by two parish councils and a local resident against Guildford Borough Council’s adoption of its Local Plan.
Dec 10, 2019

High Court gives green light to legal challenge over planning permission for development next to Royal Military Canal

A High Court judge has granted campaigners permission to bring a judicial review challenge over Folkestone and Hythe District Council’s (FHDC’s) decision to grant planning permission for development on land adjacent to the Royal Military Canal.
Dec 05, 2019

Council forced to apply for retrospective planning permission for ground source heat pumps after thinking it was unnecessary

Northumberland County Council has had to grant itself retrospective planning permission for three ground source heat pump arrays after realising that it had gone ahead in the mistaken belief that permission was not needed.
Dec 04, 2019

Council obtains injunction to secure affordable housing provision on development site

Shropshire Council has obtained an injunction to secure affordable housing provision on a housing development site, it has been reported.
Dec 03, 2019

Court of Appeal rejects challenge to environmental permit for waste incineration plant over error in supporting information

The Court of Appeal last month rejected a claim that an environmental permit granted by the Environment Agency for a waste incineration plant was vitiated by an error made in the permit application.
Nov 27, 2019

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful

­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.
Nov 25, 2019

Council loses Planning Court challenge over development and policies restricting development outside settlement limits

A borough council has failed to persuade the Planning Court that a planning inspector, when granting permission for a 55-dwelling scheme, erred in affording significant rather than full weight to the conflict between the proposed development and policies in the development plan restricting development outside settlement limits.
Nov 25, 2019

Supreme Court to hear appeal by council over National Planning Policy Framework and mineral extraction in Green Belt

The Supreme Court will next week hear a county council’s appeal over whether it misapplied part of the National Planning Policy Framework (NPPF) when considering mineral extraction in the Green Belt.
Nov 22, 2019

Council able to correct Adopted Policies Map to show land inside Green Belt instead of outside of it: High Court

Vale of White Horse District Council had the right to correct an error on a map of Green Belt boundaries without going through a complete consultation on the matter, the High Court has ruled.
Nov 20, 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund.
Nov 18, 2019

Gliding club win legal challenge over prior approval for barn conversion

A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.

  FEATURES AND ANALYSIS

November 29, 2019

Heads up on 'material considerations'

You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.
November 29, 2019

Climate Emergency #2 - have you thought about Planning?

Kathryn Lawrance considers how local authorities can use their planning role to further the climate change agenda.
November 29, 2019

The GPDO and Convention rights

A gliding club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act, writes Jenny Wigley.
November 22, 2019

Implications of the Giordano decision for CIL

A recent Court of Appeal decision in relation to the Community Infrastructure Levy (CIL) has significant implications - and some odd consequences, writes Christopher Cant.
November 22, 2019

Applying heritage policies: levels of harm

A High Court judge has recently issued an important ruling concerning the application of heritage policies. Killian Garvey and Philip Robson examine the outcome.
November 15, 2019

Objectively assessed need within the Local Plan process

The Court of Appeal has dismissed legal challenges to the Waverley Local Plan. Wayne Beglan explains why.
November 08, 2019

Unoccupied properties and immunity from enforcement action

A London borough recently succeeded in an important High Court challenge to the Secretary of State’s approach to immunity from enforcement action. Charles Streeten explains why.
November 01, 2019

Taking into account the impacts and benefits of deliverable schemes

The High Court has allowed a statutory challenge against the Secretary of State’s dismissal of an appeal in relation to a 1,200 dwelling scheme. Christopher Lockhart-Mummery QC and Heather Sargent explain why.
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  MORE NEWS

Nov 18, 2019

Gliding club win legal challenge over prior approval for barn conversion

A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.
Nov 18, 2019

London council to take battle over borough-wide injunction and camping on open spaces to Court of Appeal next month

The Court of Appeal will next month (3 December) hear an appeal by Bromley Council over the High Court’s refusal to extend an interim injunction prohibiting camping on 171 open spaces and car parks in the borough.
Nov 18, 2019

Royal borough ends bid for injunction against owner of cycling café

The Royal Borough of Windsor and Maidenhead has withdrawn its application for an injunction against the owner of a cycling café.
Nov 15, 2019

Supreme Court to rule next week on community benefit fund donations and material considerations for granting planning permissions

The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.
Nov 14, 2019

Borough council to contest appeals as row over planning permission for marquees rumbles on

Wirral Metropolitan Borough Council is to contest further appeals in a lengthy series of cases in which its planning service was criticised by both the High Court and the Court of Appeal.
Nov 14, 2019

Council failed to consider impact of proposed retail development on local post office, High Court finds

Dacorum Borough Council should have considered the impact of a small retail development on the viability of a local Post Office when it granted planning permission, the High Court has ruled.
Nov 12, 2019

Council vows to defend legal challenge over grant of permission for mixed-use scheme including football stadium

Luton Borough Council has said it will “vigorously defend” a legal challenge brought by a property investment company over the local authority’s decision to grant planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.
Nov 07, 2019

Campaigner crowd funds legal action over decision by council to alow expanded oil drilling

A local campaigner is seeking to crowdfund the money needed to launch a judicial review of Surrey County Council’s decision to allow expanded oil drilling near Horley.
Nov 07, 2019

Court of Appeal rules planning inspector went beyond her powers in section 73 TCPA case

A planning inspector exceeded her powers in a case concerning permission for wind turbines, the Court of Appeal has ruled.
Nov 05, 2019

High Court judge to hear legal challenges to adoption of Local Plan by Guildford Borough Council

A Planning Court judge is this week hearing section 113 challenges to Guildford Borough Council’s Local Plan.
Nov 04, 2019

Borough council wins Court of Appeal battle over Local Plan and objectively assessed need

The Court of Appeal has dismissed legal challenges brought by campaign groups over Waverley Borough Council’s Local Plan Part 1 and the inspector's approach to unmet housing need.
Nov 04, 2019

Couple fined £20,000 for planning offences over work on outbuildings and fish pond

A couple have been handed a £20,000 fine after being found guilty of offences under the Town and Country Planning Act relating to outbuildings and a fish pond.
Nov 01, 2019

Tribunal orders council to disclose instructions sent to QC over motion for ‘call-in’ of planning applications

The First-tier Tribunal has ordered Ryedale District Council to disclose the briefing question it sent to a Queen’s Counsel seeking advice on a motion in which councillors sought for competing retail planning applications to be ‘called in’.
Oct 29, 2019

Government revises housing delivery test result after council brings High Court legal action

The Ministry for Housing, Communities and Local Government (MHCLG) has revised its Housing Delivery Test result for Lewes District Council following a successful legal challenge by the local authority.
Oct 24, 2019

London borough wins High Court challenge to decision by inspection on enforcement action over conversion of office basement

The London Borough of Islington has convinced the High Court to overturn a planning inspector’s ruling that it could not take enforcement action against an estate agent who had turned an office basement into a dwelling without planning permission.
Oct 24, 2019

Government backs down on drilling decision after legal action by seahorse charity

An organisation devoted to the welfare of seahorses has overturned a Government decision taken under regulations from “the dark ages” to allow drilling in the sea near Poole.
Oct 22, 2019

Local authority wins High Court dispute with developers over operation of overage mechanism

A local authority has won a High Court battle with a consortium of developers over the interpretation of an overage provision in a s.106 agreement, it has been reported.
Oct 17, 2019

Borough council defeats legal challenge over land being safeguarded in Local Plan for train depot

Ashford Borough Council has defeated a High Court challenge to its local plan brought by a developer who objected to land being safeguarded for a train depot.
Oct 16, 2019

Developer of 1,200-home urban extension wins High Court challenge over refusal of planning permission in ministerial decision letter

The promoter of a 1,200 homes urban extension in Warrington has convinced the High Court that a decision letter from the Secretary of State for Housing, Communities and Local Government was so muddled that a planning inspector’s recommended refusal of planning permission should be overturned.
Oct 16, 2019

Developer fails in bid to rely on planning permission granted in 1967

A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.
Oct 11, 2019

Lawyers to café owner to challenge enforcement notice over meetings of cyclists

Law firm Leigh Day has said that an injunction sought by the Royal Borough of Windsor & Maidenhead could lead to imprisonment for a café owner if cyclists meet at his premises.
Oct 11, 2019

London borough given green light to challenge approval by mayor of hotel scheme

The Royal Borough of Kensington & Chelsea has been given permission to bring a legal challenge over London mayor Sadiq Khan’s approval of a major hotel redevelopment.
Oct 11, 2019

Campaigners lose High Court challenge over redevelopment of former school

The High Court has thrown out a judicial review brought by a conservation group in Rottingdean over a plan for a redevelopment that includes listed buildings.
Oct 11, 2019

Campaigners to crowd fund legal challenge to Newcastle Great Park project

Newcastle City Council faces a legal challenge over the latest phase of a long-term housing development if a campaign group can raise the funds.
Oct 09, 2019

High Court to hear challenge to CPO that campaigners say would see end of ‘Latin Village’

The High Court is this week hearing a legal challenge to a compulsory purchase order affecting what is said to be the UK’s only ‘Latin village’.
Oct 09, 2019

Developer secures interim injunction halting referendum on draft neighbourhood plan

A property development company has persuaded the High Court to grant an interim injunction blocking a council from holding a referendum on a draft neighbourhood plan.
Oct 08, 2019

Campaigners secure permission for legal challenge to 760-home scheme in area of outstanding natural beauty

Campaigners have been given the green light for a judicial review challenge over a council’s approval of what is reported to be the largest ever development in an area of outstanding natural beauty.
Oct 04, 2019

The Court of Appeal on the CIL Regulations

The Court of Appeal has for the first time considered the interpretation of the Community Infrastructure Levy Regulations 2010 (the CIL Regs). Tim Buley QC examines the outcome.
Oct 04, 2019

Biodiversity Net Gain – what are the key features?

The government is to introduce a requirement for development to deliver 'biodiversity net gain'. Liz Dunn provides an overview for local authorities, landowners and developers.

  MORE FEATURES

October 29, 2019

The link between planning and HMO licensing

David Smith comments on a recent change made to the Government's guidance for local housing authorities on houses in multiple occupation (HMOs), concerning the relationship between licensing and planning.
October 25, 2019

Appeals after the Rosewell Review

Nagla Stevens considers the new accelerated procedure for appeals against the refusal or non-determination of planning applications.
October 18, 2019

What is the latest on five year housing land supply?

Gary Soloman sets out for local authorities and developers the key points from new planning policy guidance and court cases about the interpretation of five year housing land supply within the National Planning Policy Framework.
October 11, 2019

When two become one

Oliver Lawrence analyses a recent High Court judgment on adjacent developments and the need to provide an Environmental Statement.
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October 11, 2019

Court rejects challenges to Heathrow expansion

Charles Streeten, barrister at Francis Taylor Building, explains how the court came to reject the claims for judicial review of the Heathrow runway expansion in R (on the application of Spurrier) v Secretary of State for Transport and other cases.
September 27, 2019

Planning appeals and air quality

The Court of Appeal has ruled on air quality considerations in planning appeals. Ashley Bowes analyses the outcome.
September 20, 2019

CIL Pools and the latest changes (in England)

Rachel Sykes analyses the impact on local authorities of the latest changes to the Community Infrastructure Levy regime that came into force at the beginning of September.
August 30, 2019

Section 73 permissions and the new CIL Regulations

Christopher Cant assesses the application of the Community Infrastructure Levy regime to planning permissions granted under section 73 in relation to post-CIL parent permissions.
August 30, 2019

People Over Wind: still blowing through planning guidance and the High Court

Michael Dempsey analyses the latest developments in relation to Habitat Regulations Assessment and appropriate assessment.
August 23, 2019

Planning permissions and the duty to give reasons

A High Court judge has shed further light on the duty to give reasons for grants of planning permission and has disagreed in part with another recent decision. Jenny Wigley explains why.
August 23, 2019

Enforcement notices, breaches of planning control and earlier permissions

The High Court has dismissed an appeal against an enforcement notice issued against redevelopment of a Hackney synagogue. Leon Glenister explains why.
August 09, 2019

The latest battle of Fulford: non-material amendments

The Court of Appeal has considered the scope of the power to make a non-material amendment under s.96A Town and Country Planning Act 1990 and whether it extends to allow non-material changes to reserved matters approvals. Jonathan Easton reports on the outcome.
August 09, 2019

Costs in statutory review and judicial review claims

Kerry Underwood looks at an important Court of Appeal ruling on the application of the Aarhus cost cap in environmental claims.
August 02, 2019

Compulsory Purchase and Certificates of Appropriate Alternative Development

The Upper Tribunal (Lands Chamber) has recently heard an appeal against a certificate of appropriate alternative development issued by a planning authority. Brendon Lee reports on the ruling.
August 02, 2019

Planning obligations, judicial review and statutory challenges

The High Court has quashed the grant of planning permission in a case involving a mosgue in Brent. Charles Streeten explains why.
August 02, 2019

Approaches to local housing need

National policy regarding the ‘Standard Method’ has recently been dis-applied in Central Bedfordshire, writes Alexander Booth QC.
July 26, 2019

Hypothetical arguments and the Planning Court

Two recent Planning Court decisions have re-examined the extent to which the Planning Court is prepared to become involved in claims which raise purely “academic” arguments. Tim Willis reports on the outcome.
July 19, 2019

Section 73 TCPA: a guide

Richard Kimblin QC provides a short practical guide to section 73 of the Town and Country Planning Act in the light of a recent Supreme Court ruling involving Lambeth Council.
July 19, 2019

Transfer agreements and overage payments

A local authority recently succeeded in a summary judgment application in relation to overage payments due under a transfer agreement. Lina Mattsson explains how.
July 12, 2019

Solar panels and planning permissions

Climate change policy and legislation meant a council could not ignore the effect of a new development on existing solar panels. Robin Green explains a recent High Court ruling.
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