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Masthead Housing - Planning

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Long players: time and money

Is there more that can be done to encourage timely resolution of issues that arise at planning application stage? Simon Ricketts investigates.

News headlines

Jul 10, 2018

Appeal judges back Welsh ministers over differences with planning policy in England

Planning is a devolved function in Wales and so differences exist and are likely to grow between policy there and in England, the Court of Appeal has noted in a case in which it upheld an inspector’s ruling.
Jul 04, 2018

District council sees off High Court challenge to Local Plan

A Planning Court judge has dismissed a developer’s legal challenge to Epping Forest District Council’s decision to approve its Local Plan and submit the document to the Secretary of State Housing, Communities and Local Government for independent…
Jun 27, 2018

Budget cuts hitting ability of councils to tackle unauthorised development: RTPI

Complexity and cost are preventing councils from tackling unauthorised developments in England, the Royal Town Planning Institute has warned.
Jun 26, 2018

High Court backs council over permissive policy and sites outside identified locations

A High Court judge has upheld a legal challenge by Canterbury City Council over a planning inspector’s grant of planning permission for an 85-home development on a greenfield site.
Jun 25, 2018

Developers limiting supply of new homes in bid to maintain prices: Letwin

Developers are slowing the system for house building by limiting the number of new built homes that are released for sale at any one time, Sir Oliver Letwin has warned in a report.

Features and analysis

Habitats Regulations Assessments

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An ECJ ruling on Habitats Regulations Assessments is straight bananas, writes Roy Pinnock.

Pre-commencement conditions and consent

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From October, planning permission for the development of land may not be granted subject to pre-commencement conditions without agreement of the applicant. Cathryn Tracey and Gary Soloman report.

The SoS and previous appeal decisions

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The Court of Appeal has upheld the quashing of a planning permission because of the Secretary of State's failure to take into account an appeal decision of his own. Heather Sargent highlights the key aspects of the ruling.

Permissions and safety from JR

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In a somewhat controversial result, write Liz Dunn and Alex Minhinick, the High Court has quashed a planning permission as a result of a JR claim brought over five years’ ‘late’.

Older articles

Jun 20, 2018

Judge quashes permission for estate redevelopment over breach of equality duty

A High Court judge has quashed a council’s grant of planning permission for the demolition of up to 542 dwellings on a housing estate in Bath and their replacement with up to 700 dwellings, concluding that the local authority had breached the public…
Jun 20, 2018

Appeal judges uphold ruling on ministerial failure to take into account earlier decision

The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.
Jun 20, 2018

Judge rules on planning fee refunds, extensions

A planning fee need not be refunded if an application is left undetermined after 26 weeks if a longer period for decision has been agreed between the parties, the High Court has said.
Jun 18, 2018

Council to challenge grant of planning permission for 350-home scheme

South Gloucestershire Council is to bring a legal challenge over a planning inspector’s decision to grant planning permission for a 350-home development in Thornbury.
Jun 15, 2018

Settlement hierarchies

A historic village has been protected from further housing development. David Lintott sets out some of the lessons from the planning inspector's decision.
Jun 15, 2018

CIL infrastructure and planning

The Court of Appeal has accepted the possibility of refusing planning permission for development which is unacceptable in the absence of CIL infrastructure. Richard Langham explains why.
Jun 07, 2018

High Court quashes planning permission for care home expansion: report

The High Court has quashed planning permission for a care home expansion granted by Bath and North East Somerset Council despite officers’ objections, it has been reported.
Jun 07, 2018

Councils to be able to apply to establish new town development corporations

Councils will be able to set up locally accountable new town development corporations to promote new homes, Housing Minister Dominic Raab has said.
Jun 01, 2018

V for victory?

So who did win the judicial review over the Mayor of London’s supplementary planning guidance? Simon Ricketts weighs the ruling up.
May 31, 2018

Council hits out after court rules in favour of barrister on home extension

The London Borough of Camden has deplored a judgment that a barrister resident in Hampstead need not remove an extension built onto his home without planning permission.
May 29, 2018

London borough secures its largest ever confiscation order for planning breaches

Islington Council has secured a confiscation order of £304,458 under the Proceeds of Crime Act against a property company which converted a single dwelling into five flats without planning permission.
May 24, 2018

Council successfully applies for reconsideration of available amount under POCA

A local authority has successfully applied under section 22 of the Proceeds of Crime Act for the reconsideration of the available amount for breach of planning enforcement notices, it has been reported.
May 22, 2018

LGA concern at draft changes to National Planning Policy Framework

The Local Government Association has welcomed some “welcome and well-intentioned” changes to the draft revised National Planning Policy Framework and draft national planning practice guidance, but said the sector has also has a number of key…
May 18, 2018

Imposing pre-commencement conditions

Jane Linley looks at the effect of recently made regulations restricting local planning authorities from imposing pre-commencement conditions when granting planning permission.
May 15, 2018

Chief Planner warns local planning authorities on GDPR and data protection

The Chief Planner has written to local planning authorities (LPAs) to remind them of the importance of complying with their data protection responsibilities when they exercise their planning functions.
May 14, 2018

Supreme Court to hear case on community benefit fund as material consideration

The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.
May 11, 2018

Viability and affordable housing

A High Court judge has given an important judgment on viability and affordable housing in London. Tim Buley examines the ruling.
May 11, 2018

Screening and mitigation measures

A recent decision of the Court of Justice of the European Union will have implications for all nationally significant infrastructure and other projects that could affect protected environmental sites, writes Angus Walker.
May 04, 2018

Exercising delegated authority in planning

A parish council recently enjoyed success in a legal challenge over a purported exercise of delegated authority. Meyric Lewis explains how.
May 03, 2018

Date set for Court of Appeal case on lack of reasons for refusal to call in scheme

The Court of Appeal will on 19 July hear Save Britain’s Heritage’s challenge over the refusal of then Secretary of State for Communities and Local Government, Sajid Javid, to give reasons for not calling in the Paddington Cube scheme, it has been…

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