POCA and planning offenders

Roderick Morton considers a recent Court of Appeal ruling which suggests the pendulum is swinging back towards a more balanced view of POCA confiscations in planning cases. Read more
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  NEWS

Sep 17, 2020

Pilot ‘nitrate trading’ platform could be rolled out if successful in south Hampshire: DEFRA

The Government has revealed that a pilot online ‘nitrate trading’ auction platform could, if successful in south Hampshire and the Solent, be extended and rolled out to a number of other areas, “providing a vital wider application to other parts of England”.
Sep 16, 2020

Local resident loses Court of Appeal challenge over planning permission for school near US air force base

The Court of Appeal has rejected a bid to seek judicial review of Suffolk County Council’s decision to give itself planning consent for a new primary school in Lakenheath.
Sep 09, 2020

Developer loses Court of Appeal battle over refusal of 765-home schemes

A developer has lost on all four grounds in a legal challenge to Salford City Council and the Secretary of State for Housing, Communities and Local Government over their refusal to grant permission for a major scheme.
Sep 07, 2020

High Court to hear legal challenge this week to call-in of planning application for UK Holocaust Memorial

The High Court will this week hear a case relating to the decision by the Minister of State for Housing to “call-in” the determination of the planning application for the proposed UK Holocaust Memorial in Victoria Tower Gardens next to the Palace of Westminster.
Sep 07, 2020

Divisional Court to hear legal challenge next month on permitted development changes

A Divisional Court will next month hear campaign group Rights : Community : Action’s (RCA’s) judicial review challenge to the government’s new rules on permitted development.
Sep 03, 2020

London mayor granted permission for judicial review challenge over incinerator plan

The High Court has agreed to allow London mayor Sadiq Khan to challenge at judicial review a plan to build an incinerator at Belvedere, in south-east London.
Aug 27, 2020

Council loses appeal over £200 confiscation order in housing case when benefit said to be several hundreds of thousands of pounds

The London Borough of Islington has lost “a most unusual” Court of Appeal action in which it argued that a confiscation order in a housing overcrowding case was too lenient.
Aug 26, 2020

Developer wins High Court battle over refusal of permission for 100-home site

Developer Wainhomes (North-West) has won a High Court case against the Secretary of State for Housing, Communities and Local Government over housebuilding in the area of South Ribble Borough Council.
Aug 25, 2020

Government hit by legal challenge over new permitted development rules

A campaign group has launched a judicial review challenge to the Government’s new rules on permitted development, which the Prime Minister’s Office at the time of their launch described as “the most radical reforms to our planning system since the Second World War".
Aug 20, 2020

Long-running dispute over airfield sees council hit by new legal action

Wiltshire Council faces fresh legal action by Old Sarum Airfield in a planning dispute stretching back 13 years.

  FEATURES AND ANALYSIS

September 17, 2020

Working with Planning Reform

The Dentons Planning Law Blog looks at the issues arising out of the Government's proposals for planning reform, including in relation to zoning and affordable housing.
September 10, 2020

The NPPF and “out-of-date”

The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.
September 10, 2020

Planning inspectors and "split decisions"

A Planning Court judge has ruled on the proper approach to split decisions. John Hunter and Killian Garvey explain the outcome.
September 10, 2020

Noises and Smells

James Burton, Rose Grogan and Katherine Barnes provide a practical overview of the statutory and policy framework available to local authorities and others to address noises and smells.
September 10, 2020

What do the proposed planning reforms mean for landowners?

In this webinar, Paul Campbell, Zack Simons and other guests explain the proposed new planning reforms.
September 09, 2020

An opportunity not to be missed

John Howell MP and John Pugh-Smith call on the government, in its reform of the planning system, to take steps to promote the use of ADR.
September 03, 2020

Section 106s and the ‘technical traps’ submission – The final chapter?

A Planning Court judge has rejected a council's bid to disapply the pure principles of contractual interpretation to s.106 agreements. John Pugh-Smith explains why.
August 27, 2020

Housing with Care and use classes

Has the High Court ended the 'Housing with Care' Use Class debate? asks Rachael Herbert.

  MORE NEWS

Aug 20, 2020

Funds from Natural England to help councils hit by nitrate pollution restart granting planning permissions

Natural England has allocated money to enable councils in the Solent area to restart granting some planning permissions for housebuilding, after this was halted by concerns about nitrate pollution.
Aug 18, 2020

Council secures interim High Court injunction over 100+ acres of Green Belt land

Thurrock Council has this month obtained an interim High Court injunction preventing any further unauthorised development on more than 100 acres of Green Belt land.
Aug 13, 2020

High Court judge remits Leeds site allocations plan to inspectors for reconsideration

The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.
Aug 10, 2020

Urban and deprived areas to receive additional funding to plan their local neighbourhoods

Funding to help communities in urban and deprived areas plan their local neighbourhoods will almost double, Housing Secretary Robert Jenrick has announced.
Aug 06, 2020

Government publishes outline of radical changes to planning system

Significant changes to developer contributions to local infrastructure, the introduction of ‘zoning’ into planning law and a requirement for local authorities to complete local plans within 30 months are amongst the proposed changes to the planning system in England officially published by the government today (6th August).
Aug 04, 2020

Anti-corruption group report warns on risks to local government planning process

Anti-corruption organisation Transparency International has said research into what could undermine openness in the planning process – and what local authorities were doing to stop this – had revealed some examples of good practice, but that "generally the results make for a worrying read”.
Aug 04, 2020

Campaigners crowd fund for legal challenge over Liverpool zip wire

Campaigners are seeking to crowd fund a judicial review challenge over the decision of the planning committee at Liverpool City Council to approve the creation of an adventure zip wire in the city centre.
Aug 03, 2020

London borough wins HS2 planning case in Court of Appeal

The Court of Appeal has allowed Hillingdon Council’s appeal over a High Court ruling concerning the submission of planning applications by HS2 Ltd under the HS2 Act.
Jul 31, 2020

Council agrees to quashing of lawful development certificate for Dad’s Army railway station building

A district council has consented to the quashing of a lawful development certificate it issued in relation to a railway station building used in the filming of Dad’s Army.
Jul 29, 2020

Council defeats legal challenge over refusal of extension for compliance with planning enforcement notice

The London Borough of Brent did not act irrationally when it refused to extend the period for compliance with a planning enforcement notice, HHJ Jarman QC has found in the Administrative Court.
Jul 29, 2020

Judge gives green light for judicial review challenge of planning permission for second tallest building in Birmingham

A High Court judge has granted permission for a judicial review challenge to the grant of planning permission by Birmingham City Council for what would be the second tallest building in the city.
Jul 28, 2020

District council wins legal battle after planning inspector miscalculated its housing land supply

East Cambridgeshire District Council earlier this month won a legal challenge against the Planning Inspectorate, who conceded that a planning inspector had miscalculated the authority's housing land supply.
Jul 27, 2020

Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order

A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.
Jul 22, 2020

Independent report finds homes created under PDR offer worse residential environments

Homes created under permitted development rights (PDR) conversions offer worse residential environments than those converted under normal planning permission, research for the Government has found.
Jul 22, 2020

Town council vows to contribute to £50k fund for judicial review of airport reopening

Ramsgate Town Council is to contribute to a fund to take Transport Secretary Grant Shapps to judicial review over his decision to allow the reopening of Manston airport.
Jul 22, 2020

Developer loses High Court battle over planning consent after council admitted failure to give adequate reasons

Bath and North East Somerset Council should have given adequate reasons when it allowed a development against officer’s recommendations, the High Court has found.
Jul 22, 2020

Judge rejects calls for recusal in planning case amid accusations of bias

A High Court judge has refused to recuse himself from a planning case involving Surrey Heath Borough Council after claimants accused him of bias.
Jul 21, 2020

Planning shake-up begins with laws allowing demolition of unused buildings for new homes, and homeowners to build two additional storeys

The Government has laid laws in Parliament today (21 July 2020) that will mean full planning applications will not be required to demolish and rebuild unused buildings as homes.
Jul 20, 2020

Government to consult in autumn on changed approach to environmental impact assessment in planning

The Government is to launch a consultation later this autumn on changing the approach to environmental assessment and mitigation in the planning system, the Environment Secretary has said.
Jul 17, 2020

Court of Appeal gives permission for judicial review of decision by council to allow drilling for oil

A campaigner has been given permission by a Court of Appeal judge for a judicial review of Surrey County Council’s decision to allow the drilling of four new oil wells and 20 years of oil production at Horse Hill, near Gatwick in Surrey.
Jul 14, 2020

Council stymied after legal advice suggests no basis to challenge consent order for solar power station

Legal advice obtained by Swale Borough Council on the prospect of a judicial review to overturn a consent order for a 350 MW solar power station and battery storage on Graveney Marshes has suggested that there is no basis upon which the decision can be legally challenged.
Jul 13, 2020

Appeal decision on NPPF Para 74 quashed: report

The Secretary of State for Housing, Communities and Local Government has consented to judgment over the decision to dismiss a developer’s appeal for a residential development of up to 90 dwellings, it has been reported.
Jul 06, 2020

High Court to hold hearings on encampment injunctions this month

The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.
Jul 03, 2020

Top planning and infrastructure QC joins Keating Chambers

Leading planning and infrastructure specialist Charles Banner QC has joined Keating Chambers with effect from 1 July.
Jul 01, 2020

New regulations to allow trials of rental e-scooters

Rental electric scooters will be allowed on roads, cycle lanes and tracks in the UK on a trial basis from this Saturday (4 July), the Government has said.

  MORE FEATURES

August 27, 2020

Section 106 agreements and outline and s.73 planning permissions

The High Court has considered whether, following an outline planning permission for housing subject to a s106 agreement, section 73 permissions for essentially the same development were bound by the agreement. Christopher Lockhart-Mummery QC analyses the judgment.
August 20, 2020

Is there a duty to give reasons when granting planning permission?

In planning decisions such as Environmental Impact Assessments (EIA) and planning appeals, a duty to give reasons is provided for in statute. But since its abolition in 2013, the duty to give reasons for the grant of planning permission by local planning authorities (LPAs) has not been a statutory requirement. Ros Trotman examines the growing body of case law where a common law duty to give…
August 20, 2020

Discounted housing and the First Homes scheme

David Perry and Tim Willis examine the government’s latest proposals for mandatory provision of discounted housing through the First Homes scheme; including the classification of this tenure as “affordable housing” in planning policy terms.
August 13, 2020

Planning committee decisions and costs consequences

Michael Bedford QC and Asitha Ranatunga set out the key considerations when advising planning committees on the costs consequences of their decisions.
August 13, 2020

Lessons from a recent local plan challenge

Katherine Barnes considers a recent High Court case which has important implications for plan-making and local plan examinations in general.
August 10, 2020

The Planning White Paper

In this webinar, Peter Village QC, Thomas Hill QC, Richard Harwood QC, Philippa Jackson and Victoria Hutton discuss what they say is considered the biggest shake-up of the planning system since 1947.
August 07, 2020

New Class E: The planning implications

Meeta Kaur chairs an informal discussion focused on the changes to the Use Classes Order and how they have potentially fundamental consequences for land owners, developers, local authorities and communities.
August 06, 2020

A new lease of life for public space injunctions?

What can councils do to obtain an injunction after the Bromley judgment? Jack Smyth looks at the lessons from the first hearing after the Court of Appeal ruling.
August 06, 2020

Departing from the standard method

The Court of Appeal has recently issued a judgment covering the tilted balance, settlement boundaries and the standard method for calculating objectively assessed housing need. Howard Leithead sets out the key points.
August 03, 2020

Delivering Major Infrastructure: Land compensation and assessing the claim

Jacqueline Lean, Simon Pickles, Luke Wilcox and Colin Smith FRICS discuss land compensation, pursuing and resolving claims, s.7 claims, and injurious affection and tenant compensation.
July 30, 2020

The concept of “Openness” - 2020 vision at last?

It is, perhaps, one of the many oddities as well as ironies of 2020, so far, that having been in national “lockdown” the Higher Courts have produced more planning jurisprudence on the concept of “openness” this year than ever before, writes John Pugh-Smith.
July 28, 2020

Access all areas: facilities rights are a big deal

Roy Pinnock and Amy Carter look at the thorny issue of access to facilities in larger schemes.
July 23, 2020

Waste planning in a commercial context

A High Court judge recently ruled that Essex County Council was entitled in 2019 to terminate a 25-year contract for the processing of household waste. Stephen Tromans QC explains why.
July 23, 2020

Interpreting green wedge policy

Paul G Tucker QC and Constanze Bell analyse a recent Court of Appeal judgment regarding the interpretation of green wedge policy.
July 23, 2020

Deferral of CIL

Christopher Cant looks at the government's proposals on the deferral of the Community Infrastructure Levy and sets out areas of concern for local authorities.
July 23, 2020

Varying and enforcing s106 obligations Part 5: Money claims and ADR

In the fifth and final article in Landmark Chambers’ series on varying and enforcing s. 106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant mop up some miscellaneous matters by looking at money claims and other dispute resolution.
July 16, 2020

Deliverability and calculation of a five-year housing land supply

The National Planning Policy Framework (NPPF) definition of ‘deliverable’ is not a closed list, explains Josef Cannon.
July 14, 2020

Variation and Enforcement of s106 Obligations – Part 4: Enforcing by way of injunction

In the fourth article in a series by a group of Landmark barristers on the subject of the variation and enforcement of s106 obligations, James Maurici QC, Kate Olley, Heather Sargent, Matthew Henderson and Nick Grant explore the law on enforcing s106 obligations by way of injunction.
July 09, 2020

Phased Planning Permissions and the Self-Build Exemption

Christopher Cant looks at a thorny issue for developers and local authorities alike.
July 09, 2020

Another Judicial Slap on the Virtual Hand

John Pugh-Smith offers a cautionary tale for parties that fail to keep the Court in the loop when settlng a planning dispute.