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The death of Panayi

Roderick Morton analyses an important Court of Appeal ruling for planning enforcement lawyers in relation to confiscation cases. Read more
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  NEWS

May 12, 2021

Judicial review proceedings launched against Welsh council in waste recycling plant planning dispute

Judicial review proceedings have been launched against Caerphilly County Borough Council over the local authority's decision to give planning permission to a waste recycling plant without undertaking an Environmental Impact Assessment (EIA).
May 11, 2021

Government planning reforms “a complete disaster in the making”: London Councils

London Councils has strongly criticised the overhaul of planning reforms unveiled in the Queen’s Speech, warning that the measures were "a complete disaster in the making".
May 11, 2021

Planning, procurement and judicial review legislation to the fore in Queen's Speech

Bills covering planning, procurement, subsidy control, judicial review and electoral integrity are among the key pieces of legislation outlined in today’s Queen’s Speech.
May 07, 2021

Supreme Court to rule next week on whether judicial review challenge over neighbourhood plan was out of time

The Supreme Court will next week (14 May) hand down its ruling on whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that a landowner’s application for judicial review – over the making of a neighbourhood development plan without a modification proposed by an independent examiner – was made out of time.
May 07, 2021

Judge hands defendant suspended eight month prison sentence for contempt of court amid ten allegations of breaching planning injunctions in caravan parking case

A man found to have committed 10 contempts of court by parking caravans on a site in Cheshire East Borough Council’s area has been handed an eight months prison sentence, suspended for two years.
May 06, 2021

Council suspends grants of planning permission in 69km river catchment after phosphates warning

Cornwall Council has suspended grants of planning permission in a river catchment area after concerns from Natural England over phosphate pollution.
May 04, 2021

High Court judge refuses permission for Local Plan legal challenge after oral hearing

A second High Court judge has refused a campaign group permission to apply for judicial review against South Oxfordshire District Council’s decision to adopt the South Oxfordshire Local Plan 2035.
Apr 29, 2021

High Court judge hands down ruling on lawful scope of statutory consultation response

Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.
Apr 29, 2021

Council wins High Court challenge over decision by planning inspector not to include conditions restricting commercial uses

A planning inspector’s decision over conversion of a building in Manchester contained a legal error and must be quashed, the High Court has found.
Apr 29, 2021

Court of Appeal rejects challenge to Legoland planning permission over impact on 'veteran' trees

The Court of Appeal has rejected all five grounds argued by an objector to a holiday village project at the Legoland theme park.

  FEATURES AND ANALYSIS

May 06, 2021

Change of use and appropriate conditions

The High Court recently quashed an inspector’s decision allowing change of use without appropriate conditions. Horatio Waller explains why a city council’s appeal was successful.
April 29, 2021

Croyde Part 2 – Judicial Review and Certificates of Lawfulness

In the second article on the Croyde case, Roy Pinnock looks at the approach taken to certificates of lawfulness.
April 28, 2021

Getting to grips with infrastructure projects as a local authority

Michael Bedford QC and Ruchi Parekh consider lessons learnt from recent DCO Examinations, including their experiences from the Norwich Northern Distributor Road, the Lake Lothing Third Crossing, the Great Yarmouth Third River Crossing, the East Anglia One North and East Anglia Two offshore windfarms, and the Sizewell C nuclear power station Examinations.
April 23, 2021

Local plans: Tips for success

Paul Shadarevian QC, Wayne Beglan, Clare Parry and Dr. Ashley Bowes discuss numerous topics relating to Local Plans, including duty to cooperate, the examination, legal challenges and policy drafting.
April 22, 2021

Time becomes a loop

In a two-part series, Roy Pinnock looks at the lessons to be learned after a High Court judge recently quashed a planning permission granted in 2014.
April 15, 2021

When the wind(fall) blows

Roy Pinnock examines the sweeping Commercial to Residential permitted development right that was trailed in Autumn 2020 and which will come into effect from 1 August 2021.
March 31, 2021

New and repeat lessons from CIL appeal decisions

The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.
March 31, 2021

Complying with a deemed grant of planning permission under the GPDO

The High Court has quashed a planning inspector’s decision allowing the conversion of an industrial warehouse to flats. Charles Streeten explains why.

  MORE NEWS

Apr 29, 2021

Developer loses legal challenge after drawing error invalidated planning permission

A planning inspector was right to reject an appeal over a building where a drawing error showed it lower than its intended height, the High Court has ruled.
Apr 21, 2021

Court orders borough council to refund £16k CIL payment to resident

Errors by Hertsmere Borough Council mean a local resident should have a community infrastructure levy (CIL) payment refunded, the High Court has found.
Apr 21, 2021

Developers withdraw High Court action over major scheme in centre of Norwich

Developers have withdrawn a threatened High Court action over a controversial £271m building plan in the centre of Norwich.
Apr 19, 2021

Borough council secures High Court injunction against owner of site in AONB

Maidstone Borough Council has obtained a full injunction “in both prohibitory and mandatory terms” against the owner of a site located in an area of outstanding natural beauty.
Apr 18, 2021

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000

The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.
Apr 18, 2021

Council refused permission to appeal High Court ruling on failure to comply with duty to cooperate

Sevenoaks District Council has been refused permission to appeal a Planning Court ruling rejecting its legal challenge to a finding by a planning inspector that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.
Apr 16, 2021

Secretary of State calls on councils to show pragmatism, avoid “overzealous interpretations” of rules on outdoor hospitality

The Communities Secretary has called on councils to ensure that that government guidance on outdoor structures is applied proportionately and consistently, to support businesses in their areas to reopen safely and to avoid overzealous interpretations of the rules.
Apr 14, 2021

London borough fails in High Court challenge over HS2 construction traffic routes

The London Borough of Hillingdon has lost a High Court judicial review against two Whitehall departments over routes for HS2 construction traffic in the borough.
Apr 14, 2021

Aarhus claim brought by parish sees district council quash permission for 64-home scheme

Legal action by a parish has seen Babergh District Council agree to quash outline planning permission it granted to developer Catesby Development Land for 64 homes.
Apr 07, 2021

Leader of borough council steps down after report from external lawyers on planning issues

A report by a law firm has led to the resignation of a council leader over planning issues.
Apr 05, 2021

Campaigners seek oral hearing after refusal of permission for statutory review challenge over adoption of Local Plan

A campaign group has filed a request for an oral hearing after a High Court judge refused permission on the papers for a legal challenge over South Oxfordshire District Council’s decision to proceed with its Local Plan 2035.
Apr 01, 2021

London airport to pay £86k to homeowners due to expansion noise

The Upper Tribunal has ruled that London Southend Airport should pay over £85,000 compensation to homeowners whose properties depreciated in value after a runway expansion increased noise in the area.
Mar 26, 2021

Parish council eyes legal challenge after permission granted for housing developments intended to facility heritage works at visitor attraction

A parish council has raised more than £12,000 towards a legal challenge over Durham Council’s decision to give a developer permission for a 72-home development.
Mar 26, 2021

Court of Appeal to hear challenge over environmental impact assessment and end product of developments

The Court of Appeal has agreed to hear a dispute over whether a developer's obligation to provide an environmental statement describing the likely significant effects of a development, both direct and indirect, requires an assessment of the greenhouse gas ("GHG") emissions resulting from the use of an end product said to have originated from that development.
Mar 25, 2021

Judge quashes planning permission given in 2014 for lodges and caravans

The High Court has quashed planning permission given seven years ago in error which would have allowed the huge expansion of a caravan site.
Mar 25, 2021

Council wins High Court appeal over grant by inspector of permission for large digital advert

Calderdale Borough Council has won a High Court challenge to a decision by a planning inspector appointed by the Secretary of State for Housing, Communities and Local Government to allow a large illuminated digital advertisement on a site in Elland.
Mar 25, 2021

District council loses appeal after inspector quashed enforcement notice over occupation of caravans

Braintree District Council has failed to get an enforcement notice reinstated by the High Court over the residual occupation of caravans.
Mar 24, 2021

MPs launch inquiry into Government approach to permitted development rights

The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).
Mar 22, 2021

London borough says planning decision cannot stand after problems with broadcast stream for committee meeting

The monitoring officer at Ealing Council has advised the chair of its planning committee that a decision taken at a meeting on 10 March 2021, which saw an "unexpected problem" with the broadcast stream, cannot stand.
Mar 18, 2021

Parish council fails in High Court challenge to 1,200-home scheme

The High Court has rejected all the grounds of appeal argued by a parish council that wanted to prevent planning permission being given for an urban extension to Newton Abbot.
Mar 18, 2021

Court of Appeal upholds length of sentences for planning breaches

Eight people who committed repeated breaches of planning permission and court orders while trying to establish a site in Basildon have had their sentences confirmed after failing to convince the Court of Appeal that their punishments were too severe.
Mar 12, 2021

Court of Appeal hands down ruling on National Planning Policy Framework and meaning of “isolated homes in the countryside”

The Court of Appeal has rejected a series of appeals brought by a developer over the future of the former policing college at Bramshill.
Mar 08, 2021

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats

A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.
Mar 08, 2021

County council facing judicial review after deciding to refer planning application decision back to committee for fourth time

A mining company has launched judicial review proceedings against Cumbria County Council over the local authority's decision to refer a planning application for a new coal mine to committee for the fourth time.
Mar 02, 2021

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders

The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.

  MORE FEATURES

March 22, 2021

Planning law update for local authorities: Planning challenges

Heather Sargent, Kimberley Ziya, Luke Wilcox and Alistair Mills consider the procedure of High Court planning challenges, before turning to two common topics which arise in challenges: heritage, and the interpretation of policy.
March 19, 2021

Compulsory acquisition, Green Belt policies and undefined boundaries

The Court of Appeal has handed down a judgment on planning decisions relating to undefined boundaries of Green Belt land and cost orders in CAAD appeals. Oliver Capildeo examines the ruling.
March 19, 2021

Development of "isolated homes in the countryside"

The Court of Appeal has handed down an important judgment on “isolated homes” and national heritage policy, writes Melissa Murphy.
March 08, 2021

Planning and the way out of lockdown for leisure, hospitality and attractions

Richard Harwood OBE QC looks at the Local Government Secretary's recent comments on Covid planning and pavement licensing measures for the hospitality and leisure industry, and propooses some other changes that would help.
March 05, 2021

When fixation becomes legal irrationality

John Pugh-Smith examines two recent judicial review challenges where judges have upheld a ground of 'irrationality'.
February 26, 2021

The future of local plans

Gary Grant chairs a discussion that looks at the implications of a 'transformational' year in terms of town and country planning and considers what the future holds.
February 26, 2021

'Out of date' policies and site-specific considerations

‘Out-of-date’ assessments can be site specific, Mr Justice Holgate has confirmed. Tom Cosgrove QC and Ruchi Parekh analyse the ruling.
February 22, 2021

Digital Planning

Nicholle Kingsley, Zack Simons and Dr Sue Chadwick look at the current and emerging legal landscapes, common pitfalls and issues including compliance, equalities, human rights and digital ethics as well as the future of digital in planning.
February 19, 2021

Crematorium change of use and the Green Belt

A crematorium change of use in the Green Belt was recently found by a planning inspector not to be inappropriate development. Jonathan Clay explains why.
February 16, 2021

Overlapping Permissions all you need to know about Hillside and Pilkington

Nicholle Kingsley, Jamie Lockerbie, Zack Simons and Clare Mirfin discuss the implications of the recent Court of Appeal judgment in the case of Hillside Parks Ltd v Snowdonia National Park Authority [2020] in terms of overlapping planning permissions and ‘Pilkington’ principles.
February 12, 2021

Tall buildings in London: Where next?

Landmark Chambers and Pinsent Masons host a webinar to examine the challenges and opportunities on tall building development in London and beyond, looking at national policy and the approach of the Secretary of State, alongside the Mayor’s new London Plan.
February 12, 2021

Planning and Equalities Impact Assessments

John Pugh-Smith and Daniel Kozelko look at the pitfalls of not undertaking equalities impact assessments conscientiously in the planning context.
February 10, 2021

Art and Cultural Property – contested heritage: Powers and principles

In the first webinar of 39 Essex Chambers' Art and Cultural Property Series, Richard Harwood QC, David Sawtell, Catherine Dobson and Professor Antonia Layard discuss contested heritage: whether statues or other memorials should be removed because of the conduct of those depicted.
February 03, 2021

Varying planning permissions

Landmark Chambers and Herbert Smith Freehills host a webinar to discuss the current state of the law on varying planning permissions, the impact of recent case law including Lambeth and Finney, explain the practical implications for developers, landlords, tenants and funders, and propose some possible ideas for reform.
January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.
January 28, 2021

Planning case law: Asda Stores v Leeds City Council

Stephanie Hall looks at a recent Court of Appeal judgment which concerns whether paragraph 90 of the NPPF means what it says when it suggests that permission “should be refused” for development having a significant adverse impact on a retail centre.
January 22, 2021

EIAs, end products of development and greenhouse gases

Do Environmental Impact Assessments apply to products derived from a development? David Hart QC looks at a recent case concerning the grant of planning permission for drilling for oil.
January 22, 2021

Use Class C2 or C3? - proceed with care

Sarah Skuse and Dalee Kaur look at a High Court ruling on whether a housing developer's retirement living scheme was classed as a residential institution or a dwelling.
January 21, 2021

Planning case law in 2020: A recap

Matthew Fraser and Heather Sargent look back on most important planning law cases of 2020.
January 15, 2021

One more time - multiple planning permissions

Mark Child analyses a recent Court of Appeal judgment involving a national park authority and what it means for sites with multiple planning permissions and the practice of ‘drop-in’ permissions.