The Divisional Court on new permitted development rights

The Divisional Court recently rejected a challenge to radical new permitted development. Gary A Grant summarises the judgment. Read more
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  NEWS

Nov 26, 2020

Company cannot bring £8m claim over 2006 compulsory purchase, Upper Tribunal rules

A company has lost an attempt to reopen a 14-year-old case involving compulsory purchase by Lancaster City Council.
Nov 26, 2020

Planning Court judge rejects claim report misled committee members

An officer’s report to a planning committee did not mislead members when it failed to mention that Mid Sussex District Council could no longer require a local landowner to sell it a site, the High Court has said.
Nov 25, 2020

Failure to comply with planning enforcement notice sees landlord ordered to pay £260k

A landlord who pleaded guilty to two offences of failing to comply with a planning enforcement notice has been handed a confiscation order of nearly £260,000.
Nov 24, 2020

Law Commission says acceptance of majority of its recommendations by Welsh Government will see "dramatic simplification" of planning law

The Law Commission has hailed the Welsh Government’s acceptance of the majority of its proposed reforms to planning laws in Wales.
Nov 20, 2020

District council forced to go to High Court to deal with planning permission errors

South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.
Nov 19, 2020

Developer loses Planning Court battle over GPDO and unlawful conversion

A developer must pay costs in a case where it claimed the General Permitted Development Order applied even though an unlawful conversion was involved.
Nov 17, 2020

Campaign group vows to appeal after Divisional Court dismisses legal challenge over extensions to permitted development rights

The Divisional Court has rejected a legal challenge over Government changes to permitted development rights that came into force in August this year.
Nov 16, 2020

Construction companies lose Court of Appeal challenge over expert determination

A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.
Nov 13, 2020

District council fails in Planning Court challenge to finding it failed to comply with duty to cooperate

Sevenoaks District Council has failed in a Planning Court challenge to an inspector’s finding that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.
Nov 12, 2020

County council hits out at latest judicial review challenge to permission for new secondary school

Gloucestershire County Council has denounced as “a disgrace” a further attempt by a parish councillor to judicially review permission for a new secondary school in Cheltenham.

  FEATURES AND ANALYSIS

November 18, 2020

Section 73 permissions, planning conditions and planning obligations

Four recent decisions have not only decided important points regarding planning conditions, section 73 permissions and section 106 planning obligations but have also provided helpfully a more general consideration of the operation of these two statutory provisions which provided the building blocks leading to the decisions reached, writes Christopher Cant.
November 13, 2020

Planning court – Not so fab four

Richard Harwood QC considers the means of challenging planning and related decisions and suggests possible reforms.
November 13, 2020

Areas of Outstanding Natural Beauty and the exceptional circumstances test

The Planning Court has dismissed a challenge to a decision granting planning permission for relocation of works at a nuclear power station within an area of outstanding natural beauty (AONB). Leanne Buckley-Thomson analyses the ruling.
November 06, 2020

CVP, hybrid, and in-person hearings in the Employment Tribunal

Calling on practical experience, Tom Perry, Naomi Owen, Gemma Roberts & Changez Khan discuss preparing for and conducting Employment Tribunal hearings via the cloud video platform (CVP), hearings in person and hybrid hearings.
November 06, 2020

Enfield London Borough Council v Persons Unknown: Applications for retrospective permission

Justine Soutter looks at the important implications a recent case involving a London borough may have for other local authorities dealing with fly tipping and unauthorised encampments.
November 03, 2020

The LLG Grapevine 3rd November

Deborah Evans, Dennis Hall and Helen McGrath discuss the Planning White Paper, the CQC's Report on Restraint, Segregation and Seclusion, Commercial Property Investment, the Review of Judicial Review, the Longer Term Plans for the Virtual Meeting Provisions, Technology and the Law, The Commission on Race and Ethnic Disparities and Citizens Assemblies.
October 30, 2020

Reconsideration or review?

Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.
October 27, 2020

Rebalancing the housing system

When it comes to building new communities, writes Ian Doolittle, does local authority housing hold the key?

  MORE NEWS

Nov 12, 2020

Defendants ordered to pay £30k after building on Green Belt land

Thurrock Council has taken successful court action against three men who built on Green Belt land without permission.
Nov 11, 2020

District council faces judicial review challenge over approval of 300-home scheme

The High Court has granted permission to judicially review the decision of Mid Suffolk District Council to grant outline planning permission for the erection of up to 300 dwellings and associated development in Woolpit.
Nov 04, 2020

Campaigners to pursue judicial review over permission for 110,000-bird chicken farm

Local campaign group Sustainable Food Knighton (SFK) plans to take Powys County Council to judicial review over its grant of planning permission for a large broiler chicken farm.
Nov 04, 2020

District council demands town councillor take down VW Beetle mural that calls for motorists to slow down

A town councillor has been told to remove a mural on the side of her house which warns motorists to slow down in a busy street in Bideford.
Nov 03, 2020

Campaigner wins permission to appeal against Elephant and Castle shopping centre planning approval

The Court of Appeal has granted a campaigner permission to appeal against the planning approval for the demolition and redevelopment of the Elephant and Castle shopping centre.
Oct 30, 2020

Resident denied appeal against HS2 over safety of tunnel design, but vows to pursue further information via FOI

A resident of Camden has been refused permission to appeal a High Court ruling that rejected her judicial review challenge against HS2 over the safety of a tunnel design.
Oct 30, 2020

Law Society warns on sustainability of government planning reforms, expresses concern at centralised decision-making

Hurried planning reforms “will not be sustainable and risk causing damage to the physical environment”, the Law Society has warned.
Oct 29, 2020

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing

A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.
Oct 23, 2020

Developer wins Court of Appeal battle with council over planning condition and status of access roads

A planning inspector can interpret a planning consent in a realistic way “even if it is not the most natural”, the Court of Appeal has found.
Oct 21, 2020

Restaurant wins appeal over requirement to demolish sunroom that did not comply with planning permission

A Worcestershire restaurant has won an appeal over whether it must demolish a sunroom built in breach of planning consent.
Oct 19, 2020

Claimant secures permission for judicial review over development consent for offshore windfarm

A Norfolk resident has obtained permission from the High Court to bring a judicial review challenge over the Secretary of State for Business, Energy and Industrial Strategy’s decision to grant development consent for the Norfolk Vanguard windfarm.
Oct 15, 2020

Judge quashes refusal by planning inspector of application to build garden room

The High Court has quashed the Welsh Government’s rejection of a Swansea man’s application to build a garden room after protracted litigation.
Oct 12, 2020

Council secures interim injunction in High Court over creation of extra plots for caravans

Guildford Borough Council has secured an interim injunction in the High Court after the owner of a site in Seale created more plots for caravans than they had planning permission for.
Oct 06, 2020

Policy in neighbourhood plan covering development on local green spaces was unlawful, Court of Appeal rules

The Court of Appeal has ruled that each of ten areas was lawfully designated as a local green space (LGS) in a neighbourhood plan but a policy which applied to them once designated was not consistent with national planning policies for managing development within the Green Belt.
Oct 05, 2020

Council defeats legal challenge over planning permission for replacement facilities at nuclear power station

East Suffolk Council has successfully defended its decision to grant EDF Energy Nuclear Generation planning permission to provide replacement facilities for the Sizewell B power station.
Oct 05, 2020

High Court judge rules UK has achieved proper transposition of EIA Directive but criticises handling arrangements for Holocaust Memorial planning application

The UK has properly transposed into English law the requirements in Article 9a of Directive 2011/92/EU ("the EIA Directive") for independence and objectivity in the discharge by a "competent authority" of its duties regarding environmental impact assessment of its own projects, a Planning Court judge has ruled.
Sep 30, 2020

Council calls in law firm after complaint about planning committee meeting

Law firm Dentons has been chosen by the London Borough of Southwark to investigate a complaint made against a councillor who chaired a controversial planning committee meeting last summer.
Sep 25, 2020

Court of Appeal upholds level of fines imposed for listed building and planning notice breaches

The Court of Appeal has upheld the £25,000 fines imposed on a company and its director in respect of breaches of a listed building enforcement notice (LBEN) and a planning enforcement notice (PEN).
Sep 25, 2020

London borough secures confiscation orders against landlords amounting to hundreds of thousands of pounds

Waltham Forest Council has secured six-figure confiscation orders in two cases against landlords who adapted their properties without seeking appropriate planning permissions – and then refused to revert them to their original structures.
Sep 24, 2020

Council secures continued prohibition on art installation where fibreglass sharks make speeches, sing song

A group of fibreglass sharks that make speeches and perform a popular French song are at the centre of a legal battle involving the London Borough of Hackney.
Sep 23, 2020

Welsh Government publishes charter on planning and placemaking

The Welsh Government has issued a charter intended to put quality, sustainability and community at the heart of planning.
Sep 21, 2020

Law Commission consults on reforms to confiscation regime

The Law Commission has launched a consultation on proposals to reform the confiscation regime which it says “could help recover an extra £8m per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders”.
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.

  MORE FEATURES

October 22, 2020

Permitted Development: pitfalls

In the fourth in a series of short papers from barristers at Landmark Chambers on key issues arising in permitted development, Kate Olley sets out the pitfalls.
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October 19, 2020

High Court gives green light to judicial review challenge over Kent airport consent

A High Court judge has granted campaigner Jenny Dawes permission to bring a judicial review challenge over the Government’s granting of a development consent order (DCO) for Manston Airport in Kent.
October 15, 2020

Permitted Development: disapplication and loss of permitted development rights

In the third in a series of short papers from Landmark Chambers on key issues arising in permitted development, Robert Walton QC sets out the key issues in relation to the disapplication and loss of permitted development rights.
October 09, 2020

The Planning White Paper

LexisNexis looks at the government's proposals for a ‘whole new planning system for England’ in White Paper published for consultation, alongside interim reforms.
October 08, 2020

The importance of clarity in local authority prosecutions

A council recently lost an appeal over a £200 confiscation order in a housing case when the benefit was said to be several hundreds of thousands of pounds. Gary Pons looks at the reasons why.
September 24, 2020

Planning, the PSED and EIA alternatives

The Court of Appeal has handed down an important planning judgment on the Public Sector Equality and EIA alternatives, writes Charles Streeten.
September 24, 2020

Working with Planning Reform: Part 2

The Government has published its long awaited White Paper Planning for the Future. While we should embrace reform, what are the issues? In the second article in a two-part series the planning law team at Dentons looks at more of the main themes including s.106 agreements, removal of CIL and the consequences for local planning authorities.
September 23, 2020

Extra-Care schemes after the Rectory Homes decision

John Pugh-Smith looks at the potential to avoid further muddle and misunderstanding in relation to Extra-Care schemes, following the High Court's ruling in the Rectory Homes case.
September 17, 2020

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.
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 16, 2020

Permission In Principle: In Practice

Meeta Kaur, Zack Simons, Duncan Field, Heather Sargent and Simon Ricketts discuss permission in principle.
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.
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…