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Masthead Housing - Planning

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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.

News headlines

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 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 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…

Features and analysis

Viability and affordable housing

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

Screening and mitigation measures

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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.

Exercising delegated authority in planning

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

CPO and compensation: key changes

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Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.

Older articles

Apr 25, 2018

Planning decision errors see council lose Court of Appeal battle over retail store

Errors in a planning decision by the London Borough of Lambeth have seen it lose a Court of Appeal case over how a large retail store in Streatham may be used.
Apr 20, 2018

CPO and compensation: key changes

Gary Soloman looks at a number of provisions relevant to compulsory acquisition in the Neighbourhood Planning Act 2017 and Housing and Planning Act 2016 that come into force on 6 April 2018.
Apr 19, 2018

Council wins permission for judicial review over shortfall in sites for travellers

Swale Borough Council has won permission to take the Secretary of State for Housing, Communities and Local Government to judicial review over a dispute concerning whether the borough has sufficient Travellers’ sites.
Apr 06, 2018

Developer contributions: reforms

The regime for developer contributions is set to be reformed. Stephanie David examines the proposals in the government's consultation.
Apr 05, 2018

Government launches review of law and powers to tackle unauthorised sites

The government has launched a review of the law and powers to deal with unauthorised caravan sites and developments.
Apr 05, 2018

Judges rule on meaning of ‘isolated’ homes and National Planning Policy Framework

The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.
Apr 03, 2018

Developer wins permission for judicial review of approval of local plan by district

A property developer has won permission for a judicial review challenge to a district council’s decision to approve its local plan for publication and submission to the Secretary of State for Housing, Communities and Local Government for independent…
Mar 29, 2018

Agents of Change

Will the introduction of an Agent of Change principle in planning succeed in protecting live music venues? The operation of other regimes in relation to licensing and statutory nuisance means this is far from certain, writes Michael Greig.
Mar 29, 2018

A new approach to viability

Rose Grogan examines the proposed changes in approach to viability in the revised National Planning Policy Framework (NPPF) and accompanying guidance.
Mar 27, 2018

Chief Planner and experts sent in to three councils over local plan delays

The Chief Planner and a team of experts are to be sent in to three councils to assess if the government needs to take over the process of producing the local plan, it has been announced.
Mar 27, 2018

High Court quashes planning permission issued six years ago

Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.
Mar 23, 2018

A change is gonna come

Simon Ricketts examines the issues that emerge when changes are sought to a major scheme with planning permission.
Mar 23, 2018

Approaches to the tilted balance

Josef Cannon reports on an inspector's approach to the ‘tilted balance’ in the National Planning Policy Framework, as the sun begins to set on paragraphs 14 and 49.
Mar 20, 2018

Appeal judges reject challenge to permission for major scheme as abuse of process

The Court of Appeal has refused to grant SAVE Britain’s Heritage permission to continue with its challenge to Westminster City Council’s decision to grant planning permission for the Paddington Cube, Landmark Chambers has reported.
Mar 20, 2018

Court of Appeal backs decision to put neighbourhood plan to referendum

Leeds City Council did not act unlawfully when it put a neighbourhood plan to a referendum after modifications had been made that partly differed from those recommended by the examiner, the Court of Appeal has said.
Mar 16, 2018

The NPPF: all change?

The Prime Minister last week launched a consultation on changes to the National Planning Policy Framework (NPPF). Will it deliver on promises? Ashley Bowes reports.
Mar 14, 2018

Property firm fails in legal action over refusal by council to sell site

Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.
Mar 13, 2018

Government to allow more homes to be created from agricultural buildings

The Government is to change the number of homes that can be created under permitted development rights from existing agricultural buildings on a farm.
Mar 07, 2018

High Court agrees to rare case of planning inspector being cross-examined

A High Court judge has granted an application by an appellant to cross-examine a planning inspector, it has been reported.
Mar 06, 2018

Law Society criticises proposed government approach to planning conditions

The Law Society has expressed concern that the government’s proposed new approach to planning conditions was “overly prescriptive and risked generating more appeals as a result of refusal or non-determination of planning applications”. The Ministry…

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