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Masthead Housing - Planning

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Continuing issues with CIL

Christopher Cant analyses some of the thorny issues thrown up by regime for the Community Infrastructure Levy.

News headlines

Dec 20, 2017

London Mayor refuses permission for major scheme over loss of affordable homes

The Mayor of London has refused permission for an estate regeneration project in Barnet which he said would result in the net loss of 257 affordable homes.
Dec 20, 2017

Judge upholds demolition of rectory and replacement with modern home

A High Court judge has upheld a decision by a council’s development committee to approve plans to demolish a rectory and replace it with a modern home.
Dec 20, 2017

Town council dissolves “clearly impotent” planning committee

A town council in Devon has this month decided to dissolve its planning, environment and transport committee, saying it was “clearly impotent” and risked misleading the public and misdirecting any concerns they had.
Dec 14, 2017

Council loses appeal over quashed permission and “unlawful” community donation

The Court of Appeal has rejected appeals by a council and a wind turbine developer over the quashing of a planning permission because the planning committee took into account a proposed donation to the community.
Dec 11, 2017

Council secures fines for planning company over wilful obstruction of officers

A planning company, and its representative, have been fined for wilfully obstructing officers from Brentwood Borough Council in the course of their work, the local authority has revealed.

Features and analysis

SPDs and Local Plans

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A recent High Court ruling has some important lessons as to what can and cannot be contained in supplementary planning documents, writes Roy Pinnock.

Material or non-material?

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Martin Edwards examines the difficulties around a local planning authority's power to approve non-material amendments to planning permissions.

Giving reasons for planning decisions

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Ned Westaway and Charlie Merrett consider the duty to give reasons for planning decisions in light of the Supreme Court's ruling in Dover District Council v CPRE Kent.

Air quality and development

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A High Court judge has recently handed down an important air quality judgment. Ashley Bowes looks at the implications for planning authorities, developers and those resisting development.

Older articles

Dec 05, 2017

Ministers consult on regulations for New Town Development Corporations

The Department for Communities and Local Government has launched a consultation on regulations for locally led New Town Development Corporations.
Dec 04, 2017

Challenge over land in neighbourhood plan out of time, High Court rules

An objection to including land within a neighbourhood plan boundary cannot be taken to judicial review out of time, Kerr J has ruled in the High Court.
Dec 04, 2017

Law Commission calls for new planning code for Wales

A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.
Dec 01, 2017

Air quality and development

A High Court judge has recently handed down an important air quality judgment. Ashley Bowes looks at the implications for planning authorities, developers and those resisting development.
Nov 30, 2017

Submission of planning CPOs fell by 30% in 2016: research

Submissions of planning compulsory purchase orders (CPOs) decreased by 30% in 2016, research by Womble Bond Dickinson has found.
Nov 30, 2017

Supreme Court to rule next week on adequacy of reasons in planning

The Supreme Court will next week hand down a key ruling on the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.
Nov 30, 2017

DCLG defeats challenge over failure to give reasons for not calling in scheme

A heritage group has lost a judicial review over an unannounced change in government policy on how it responds to requests to call in planning applications.
Nov 30, 2017

Council concern at impact of High Court ruling quashing housing mix policy

A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.
Nov 24, 2017

District wins first ever judicial review challenge to decision of planning inspector

Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.
Nov 24, 2017

Local Plan interventions

The Communities Secretary recently announced the first 15 local authorities to face potential intervention for failing to produce a Local Plan. Simon Ricketts looks at the issues this raises.
Nov 21, 2017

Retirement home developers in judicial review of guidance from Mayor of London

A group of retirement housing developers have applied for judicial review of London Mayor Sadiq Khan’s affordable housing supplementary planning guidance.
Nov 17, 2017

Javid kickstarts intervention process against 15 councils over lack of local plan

The Government has begun the formal process of considering intervention into 15 local authorities that have failed to produce a local plan.
Nov 16, 2017

Judge convicted of fraud over fake letters in support of planning applications

A solicitor and Deputy District Judge who submitted fictitious letters to a council in support of planning applications has been convicted of several fraud offences.
Nov 15, 2017

Permission for wharf scheme quashed over failure to consult on amendments

A judge has quashed planning permission given by the London Borough of Hackney for a major redevelopment on the Regent’s Canal.
Nov 13, 2017

Planning authority successfully challenges assertion by appellant of gypsy status

A local authority in Kent has successfully challenged an appellant’s assertion of gypsy status in his appeal against an enforcement notice.
Nov 10, 2017

"Up to 6" does not meet 5

The Court of Appeal quashed a Somerset planning permission, in a case concerning the correct interpretation of a development plan policy. Stephen Whale explains why.
Nov 03, 2017

Court hears challenge to ministerial failure to give reasons for not calling in scheme

The High Court has this week heard a judicial review challenge over the Communities Secretary’s refusal to call in the ‘Paddington Cube’ proposals.
Nov 03, 2017

Permission in principle: the key points

Government guidance on permissions in principle for brownfield sites was published on 28 July and further guidance on 10 October. Liz Dunn and Sarah Sutherland look at the key points for local authorities and developers.
Nov 01, 2017

London borough hails final injunction banning unlawful campsites

The London Borough of Barking and Dagenham has this week been granted a final injunction, which it thinks is the first of its kind in England and Wales, banning unlawful campsites from being set up as well as prohibiting fly-tipping.
Oct 27, 2017

Direct action: natural justice

James Goudie QC examines a recent Planning Court challenge to a council's decision to take direct action under s.178(1) TCPA in order to demolish the claimants' dwelling house.

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