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CIL and Hillside

Christopher Cant and Ben Garbett address an undiscussed issue relating to the Community Infrastructure Levy in light of the Supreme Court ruling in Hillside. Read more

  NEWS

Apr 04, 2024

Government makes pavement licensing regime permanent

The Department for Levelling Up, Housing and Communities has commenced the pavement licensing provisions laid out in the Levelling Up and Regeneration Act 2023, establishing a permanent pavement licensing regime for England.

  FEATURES AND ANALYSIS

April 17, 2024

New laws to strengthen LPA powers of enforcement

A number of significant changes to the planning enforcement regime will come into effect from 25 April 2024. Perhaps the most notable of these is a change to the time period in which Local Planning Authorities can take enforcement action against unauthorised development. Rebecca Stewart explores some of these changes.
April 12, 2024

An accelerated planning system?

Simon Ricketts assesses the Government’s proposed new measures for an accelerated planning system intended to provide greater certainty to applicants and enable delivery partners to bring forward housing.
March 28, 2024

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At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.
March 22, 2024

Shedding light on solar farm capacity

Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.
March 22, 2024

Whitley once again - no discretion to refuse to determine applications

The High Court has considered and, in a judgment handed down last month, rejected a suggestion that a local planning authority has a discretion to refuse to determine an application for the discharge of a condition which it considers after the statutory 3-year deadline for the implementation of the planning permission to which it relates. Brendan Brett explains the ruling.
March 08, 2024

Implementation – deviation from plans

Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.

  MORE NEWS

Mar 18, 2024

London borough to remove Palestinian flags amid legal threat

The London Borough of Tower Hamlets has decided to remove Palestinian flags from council buildings and infrastructure after receiving a letter before claim that argued the flag-flying breached the Town and Country Planning Act 1990.
Mar 07, 2024

Government consults on accelerated planning service

The Department for Levelling Up, Housing and Communities has launched a consultation on an accelerated planning service, planning performance measures, extensions of time, expedited appeals and section 73B applications.

  MORE FEATURES

March 08, 2024

Above and beyond

Can local plan policies require developers to go beyond national standards? Simon Ricketts analyses a recent Planning Court ruling.
February 29, 2024

The Levelling-up and Regeneration Act 2023

Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).
February 23, 2024

BNG begins: considerations at the application stage

On 12 February 2024, mandatory Biodiversity Net Gain (“BNG”) officially arrived. Alastair Lewis, Emily Knowles and James Goldthorpe explore how BNG will need to be approached at the planning application stage.
February 23, 2024

Enforcement warning notices

Roderick Morton assesses the potential use of enforcement warning notices under s172ZA of the Town & Country Planning Act 1990.
February 09, 2024

School redevelopment and noise concerns

The Planning Court has rejected a judicial review challenge to the grant of planning permission for the redevelopment of a new site for a school. Meyric Lewis KC and Charles Streeten explain why.
February 08, 2024

The updated NPPF: key planning and housing changes

The Government has updated the National Planning Policy Framework (NPPF), including changes primarily in relation to housing delivery and land supply. Matthew Tucker and Sofiya Yerokhina set out the key measures.
January 26, 2024

Hillside in practice

Megan Forbes analyses a recent High Court case that has provided guidance on the practical implications of the Supreme Court’s Hillside decision.
January 24, 2024

Biodiversity Net Gain is a reality: the basics

Alastair Lewis and Emily Knowles looks at the latest developments in relation to Biodiversity Net Gain, including the all-important start dates for major and small developments.
January 19, 2024

Accommodating asylum seekers: some recent planning law cases

The scale of the current crisis as to where and how to provide accommodation for asylum seekers can be viewed through a succession of High Court planning law cases over the last year or so. Simon Ricketts gathers the cases in one place.
January 10, 2024

Local Plan intervention by the Ministry

William Upton KC takes a look at recent local plan action by the Ministers and the Secretary of State at the Department for Levelling Up, Housing and Communities.
December 08, 2023

Amendments at the appeal stage

Wheatcroft, then Holborn, now Bramley - the Planning Court has ruled on practicalities of amendments at appeal stage. Thea Osmund-Smith and Odette Chalaby provide a digest of the decision.
November 03, 2023

Interpreting planning permissions

A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.