Government Legal Department Vacancies

As safe as CLEUDs?

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

  NEWS

May 06, 2025

Reform UK signals legal challenges against asylum hotel use

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.

  FEATURES AND ANALYSIS

May 09, 2025

Changes to s.106 procedures required to safeguard planning permission

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.
May 02, 2025

Time limits and CIL

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.
April 25, 2025

Publication of s106 planning obligations

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.
April 09, 2025

Local authority constitutions and the right of councillors to vote

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.

  MORE NEWS

Apr 10, 2025

Council agrees to quash permission for quarry project: report

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.

  MORE FEATURES

April 09, 2025

When clear reasons are needed for granting permission

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.
April 09, 2025

Picking up the bill

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.
April 09, 2025

The problem with Biodiversity Net Gain

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.
April 04, 2025

Take it to the bridge

The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.
March 28, 2025

Setting planning fees locally

Nagla Stevens looks at provisions in the Planning and Infrastructure Bill 2025 that will allow local planning authorities to set planning application fees locally.
March 13, 2025

Recent appeals give colour to Grey Belt development uncertainty

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.
March 13, 2025

Cider house doesn't rule

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".
March 13, 2025

Cons & Pros

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.
February 28, 2025

Materially different developments and enforcement

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.
February 12, 2025

The role and relationship of NPPF and PPG

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.
January 31, 2025

Planning reform: development and nature recovery

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.
January 24, 2025

Viva La Devolution!

Perhaps it is more like revolution, certainly rapid evolution, and possibly even in some respects the reverse of devolution, writes Simon Ricketts.
January 15, 2025

How green can be my development?

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.