A recent decision handed down by Mr Justice Jay underlies the need for caution when relying on a Certificate of Lawfulness of Existing Use or Development (CLEUD), write James Findlay KC and Clare Parry. Read more
A legal challenge against Bristol City Council’s decision to grant planning permission for a housing development on the site of Bristol Zoo Gardens is being heard over two days this week (7 - 8 May).
Campaigners have commenced the first steps of legal action against the government in relation to the proposed expansion of Luton Airport, arguing that development consent was “granted unlawfully”.
An attempt to judicially review Manchester City Council’s decision to allow construction of a nine story block of student accommodation in Hulme has failed.
Reform UK's chairman has vowed to use "every instrument of power available" - including judicial review, injunctions and planning laws - to stop asylum hotels in the local authority areas in which they won control at last week's local elections.
The provisions in the Government's forthcoming Planning and Infrastructure Bill are a "regression", the Office for Environmental Protection has warned.
The High Court has this week heard a legal challenge to the Lake District National Park Authority’s decision to grant planning permission for a major new adventure attraction at a quarry.
A planning inspector's decision to allow an appeal of Wealden District Council's refusal of plans to build camping facilities on ancient woodland has been quashed by the High Court.
The High Court has sentenced a woman to four months in jail, suspended for four years, after ignoring two consecutive injunctions prohibiting her from parking a caravan on a site in the South Downs National Park.
Almost 40 local authorities have called on the Government to hand councils more licensing powers over gambling venues by amending the "desperately out of date" Gambling Act 2005.
The Court of Appeal has decided that failing to publish a s.106 agreement (or unilateral undertaking or s.278 highway agreement) prior to granting planning permission can render a planning permission granted in reliance on that agreement unlawful. Victoria Searle sets out the actions councils need to take following the ruling.
Christopher Cant looks at the lessons to be learned from a recent judicial review challenge over a council’s decision to issue and serve a CIL (Community Infrastructure Levy) stop notice.
The Court of Appeal has recently overturned a High Court ruling and found that the grant of planning permission by Isle of Wight Council for 473 dwellings was unlawful. Charles Streeten and Brendan Brett explain why.
Alastair Lewis and James Goldthorpe analyse major reform proposals to the way in which environmental obligations are discharged within the planning regime.
In a landmark step for the UK’s energy strategy, Ofgem has officially opened the first application window under its new cap and floor regulatory scheme for Long Duration Electricity Storage (“LDES”) projects, writes Sharpe Pritchard.
The Supreme Court has handed down a landmark ruling on the lawfulness of a provision in a local authority's constitution which restricted voting by members on deferred applications for planning permission to those who had been present at the meeting or meetings at which the application had previously been considered. Philip McCourt set out the key points from the judgment.
Almost 40 local authorities have called on the Government to hand councils more licensing powers over gambling venues by amending the "desperately out of date" Gambling Act 2005.
The G15 group of London's largest housing associations has published new guidance on s106 contributions, urging early collaboration and shared decision-making in S106 affordable housing delivery.
The Government has announced plans to scrap statutory consultation requirements for major infrastructure projects, claiming the move will slash the average two-year statutory pre-consultation period by half.
An objector to a planning decision by Brecon Beacons National Park Authority has lost her case in the Court of Appeal even though a regulation was breached by its planning committee.
A planning inspector was right to take account of the benefits, but not the harm, of potential future production of hydrocarbons when allowing an appeal for permission for exploratory works, the Court of Appeal has found.
Horsham District Council has written to Planning and Housing Minister Matthew Pennycook and lodged a formal complaint with the Planning Inspectorate after being advised to withdraw its local plan over a failure to meet the duty to cooperate.
A planning inspector's decision to uphold Fareham Borough Council's enforcement notice against a theatre company that built a 460-seat theatre without planning permission was lawful, a High Court judge has found.
Advertising firm Ocean Outdoor UK has lost a High Court case over whether the London Borough of Hounslow and a planning inspector should have allowed it to display an advertisement on a building.
The High Court has given permission for judicial review of a planning decision by Crawley Borough Council in a dispute over land used by two Irish traveller claimants.
Local campaigners have vowed to challenge the Government's decision to call in and approve a planning application for a third prison in a Lancashire village following the High Court's decision to refuse their judicial review application.
The question of when a planning application is ‘made’ is wholly dependent on context and in particular on the construction of the relevant regulatory or statutory provision, the High Court has found in a case concerning Bolton Council.
Submissions have been filed this month on behalf of the Essex Planning Officers Association (“EPOA”) at the Court of Appeal in support of a challenge to the previous government’s written ministerial statement (“WMS”) on local energy efficiency standards.
East Hampshire District Council (EHDC) could see its housing target reduced from 1,142 to 828 new homes per year following legal advice supporting a departure from the standard method.
A Crown Court has ordered a couple to pay a confiscation order of £250,055 for the income generated from charging rent on five units for which Hillingdon Council did not give planning permission.
A campaign group has issued a letter before claim against Lambeth Council's decision to find plans for a series of live events in a London park fell under permitted development rights.
The Metropolitan Police has called on a developer to agree to more than £300,000 in section 106 contributions in order to handle the increased policing needed for a proposed 1,600-home development in West London.
Charity the Environmental Law Foundation (ELF) has said that a pre-action protocol letter to Northumberland County Council has led the authority to admit to a legal error and agree to enter into a consent order to quash its decision to permit a quarry project.
The Housing and Planning Minister has refused to grant Oldham Council's request to be excluded from a joint development plan, which was agreed upon among nine Greater Manchester authorities last year.
The High Court has agreed to hear a judicial review challenge of Runnymede District Council's failure to take enforcement action over the conversion of a disused church building into flats.
Calderdale Council has reportedly vowed to contest a potential judicial review challenge over its decision to issue an environmental permit for a waste incinerator.
The House of Commons has backed changes to bring large onshore wind farm developments into the Nationally Significant Infrastructure Project (NSIP) regime.
Somerset Council has said it will review its policy on phosphate mitigation after legal advice suggested improvement works by Wessex Water (WW) could allow for planning permission for almost 12,000 new dwellings in the Somerset Levels and Moors.
No error was made by a planning inspector who granted an appeal to extend a home after the initial application was rejected by the New Forest National Park Authority (NFNPA), the High Court has found.
Walsall Council has launched a statutory review challenge against a planning inspector's decision to allow an appeal and grant planning permission for a temporary battery energy storage facility.
A decision to grant planning permission for up to 1,500 new homes in West Yorkshire is set to be challenged in the High Court after campaigners received permission last month for their judicial review challenge to be heard.
A High Court judge has issued a quashing order after Southwark Council conceded that its decision to grant permission for an infill development on a London council estate breached national planning policy.
A High Court judge has rejected an assertion that a warning by a council of continuing proceedings and the associated costs had “coerced” the defendants in a planning enforcement dispute into providing undertakings.
A Planning Court judge recently ruled that the reason given by a council for granting permission against officer advice did not deal adequately with the important principal issues of development in the countryside, sustainability and precedent. Lucy McDonnell looks at the lessons from the judgment.
Who is counting the coppers in the race for local nuclear plants? Fraser Sampson and Sue Chadwick look at how the planning system might both assess and mitigate security risks within the current legislative and policy context.
One year on from new legislation making biodiversity net gain (BNG) a legal requirement for developers, research shows it has delivered less than half the habitat expected. David Richardson looks at what’s holding BNG back.
Oliver Slater and Beatrice Wood discuss the application of the subsidy control regime to Manchester United's plans for a new stadium and regeneration of the surrounding area.
Nagla Stevens looks at provisions in the Planning and Infrastructure Bill 2025 that will allow local planning authorities to set planning application fees locally.
Recent changes to the policy on Green Belt development in the National Planning Policy Framework (NPPF) have led to a string of decisions relating to schemes on grey belt land. Hermione Kemp and Matthew Tucker explore what the changes mean in practice and the implications of the decisions below.
Roderick Morton looks at the outcome of a High Court appeal against an enforcement notice on the grounds that the matters said to be a breach of planning control "have not occurred".
Simon Ricketts examines the Government’s proposals to reduce the number of statutory consultees in planning decisions and narrow the focus of those that remain.
Craig Howell Williams KC and Mark O’Brien O’Reilly examine the Mast Quay Phase II appeal decision, where an enforcement notice was upheld, and planning permission was granted subject to the making of numerous significant changes to the existing development and the payment of large financial contributions.
David Richardson examines the Government's proposed reforms to the process of determining planning applications and in particular the suggested introduction of a national scheme of delegation.
Rebecca Stewart covers the recent Court of Appeal guidance on the scope of planning condition variations permissible under section 73 of the Town and Country Planning Act 1990.
The Court of Appeal has provided guidance on flood risk policy and guidance in the National Planning Policy Framework (“NPPF”) and Planning Practice Guidance (“PPG”), and the role and relationship of the NPPF and PPG more generally, writes Hugh Flanagan.
Alastair Lewis, Emyr Thomas, Emily Knowles and James Goldthorpe look over proposed changes to the planning system in the Planning and Infrastructure Bill.
Stephen Tromans KC and Ned Helme consider the “Planning Reform Working Paper: Development and Nature Recovery” and how the Government’s aims of drastically increasing the rate of housebuilding and infrastructure development can proceed whilst also achieving the equally challenging commitments on net zero and ambitions for nature recovery.
John Pugh-Smith looks at the steps needed to address the delivery of biodiversity net gain against the backdrop of the Government’s call for a surge in housebuilding.