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Secretary of State defeats challenge to refusal of permission for building described by inspector as "quite brilliant"

The High Court has rejected an appeal by a developer over a building described by a planning inspector as “a brilliant response to its context". Read more
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Mar 23, 2020

Landowner loses Upper Tribunal appeal over certificate of appropriate alternative development for site acquired for link road

The owner of a field that was compulsorily acquired to provide land for the construction of a link road has lost his appeal over the certificate of appropriate alternative development he was given.
Mar 23, 2020

London borough launches challenge to grant of planning permission by Secretary of State for 1,500-home scheme

The London Borough of Tower Hamlets last week launched a legal challenge to the Secretary of State for Housing, Communities and Local Government’s decision to grant planning permission for the Westferry Printworks site.
Mar 19, 2020

London Mayor concedes over planning permission for London hotel site, agrees to pay council £90k in costs

London Mayor Sadiq Khan has accepted he was wrong to grant planning permission for a west London hotel site and has agreed to pay the Royal Borough of Kensington & Chelsea costs of £90,000.
Mar 18, 2020

Pubs and restaurants to be allowed to serve takeaways as part of coronavirus response

The Communities Secretary has confirmed that planning regulations will temporarily be relaxed to allow all pubs and restaurants to operate as takeaways of hot food and drinks, as part of plans to help the hospitality industry during the coronavirus outbreak.
Mar 12, 2020

Borough council defeats High Court challenge over permission for 200 new homes less than 100 metres from waste tip

A borough council has defeated a judicial review challenge over its decision to allow up to 200 new homes on farmland less than 100 metres from a waste tip.
Mar 12, 2020

Government to set Local Plans deadline for December 2023, review calculation of Local Housing Need

A requirement for all local authorities to have up-to-date Local Plans in place by December 2023, a review of the formula for calculating Local Housing Need, a raised threshold in the Housing Delivery Test and reform of planning fees are among the proposals contained in a policy paper issued by the government today.
Mar 12, 2020

Land promoter loses High Court challenge over application of 'tilted balance'

Land promoter Gladman has lost two High Court challenges to planning inspectors’ decisions on the ‘tilted balance’ in the National Planning Policy Framework (NPPF).
Mar 12, 2020

Appeal judge hits out at "all-too-prevalent attitude" that in judicial review applications it is always possible to "have another go"

A Court of Appeal judge has criticised the way a case was brought that sought to challenge a ruling over a development in Wakefield.
Mar 12, 2020

District council hit by fourth judicial review claim from campaign group

South Cambridgeshire District Council faces a fourth judicial review brought within three months from a local residents’ group.
Mar 09, 2020

Judge rejects call by developer for summary judgment in dispute over s106 agreement and second planning permission

A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.


March 27, 2020

Sentencing for non-compliance with planning enforcement notices

The Court of Appeal recently considered an appeal against sentence for a failure to comply with a planning enforcement notice. Constanze Bell explains the outcome.
March 26, 2020

Coronavirus, local authority meetings and development management

John Pugh-Smith provides a brief overview of the current known position, watch points and continuing uncertainties as at 26 March 2020 now that the Coronavirus Act 2020 is in force.
March 20, 2020

Keeping the planning system going

Jonathan Easton sets out how local authorities can maintain decision taking when it is becoming ever more difficult to convene planning committees.
March 13, 2020

Phased planning permissions and CIL Liability Notices

Christopher Cant looks at the lessons to be learned from a Planning Court judge's ruling on the Community Infrastructure Levy (CIL) and phased planning permissions.
March 06, 2020

The role of judicial review applications in the CIL regime

A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.
March 06, 2020

Heathrow Airport expansion and climate change policy

The Court of Appeal has declared the Heathrow expansion decision unlawful on climate change grounds. David Hart QC explains why.
February 28, 2020

Judges in their own cause

Ian Graves sets out the lessons learned for local authorities when granting planning permission on their own land.
February 28, 2020

Mediation and planning disputes

Mediation can resolve a wide range and type of planning dispute. John Howell MP and John Pugh-Smith explain why it should be considered.


Mar 09, 2020

No5 barristers act as Court of Appeal refuses legal challenge to grant of planning permission for development including new synagogue

No5 barristers Chris Young QC and Howard Leithead successfully resisted a challenge to a decision by Brighton & Hove City Council to grant planning permission for a mixed-use development in Hove, including a new synagogue.
Mar 05, 2020

Guildford Local Plan clears final hurdle with Court of Appeal judge refusing parish council permission to appeal

A Court of Appeal judge has thrown out the final attempt to challenge Guildford Borough Council’s local plan.
Mar 03, 2020

Ombudsman criticises council after cricket club left stumped by planning permission

A village cricket club in Shropshire was forced to find a new venue after planners at Shropshire Council failed to put in place measures to prevent balls hitting a new house when it approved planning permission, the Local Government and Social Care Ombudsman has found.
Feb 27, 2020

Councils and environmental groups win appeal over third runway at Heathrow

Local authorities, the Mayor of London and environmental campaigners have won an appeal over the proposed expansion of Heathrow Airport by the addition of a third runway under the Airports National Policy Statement (ANPS).
Feb 27, 2020

Supermarket giant loses High Court challenge over rejection of major scheme in east London

Retailer Sainsbury's has failed to persuade the High Court to overturn the rejection of a planned redevelopment in east London involving a replacement store, retail, office and community space and 471 homes in eight blocks.
Feb 27, 2020

Welsh Ministers win Court of Appeal battle over open space policy

The Court Of Appeal has overturned a High Court ruling which Sir Stephen Richards said would have introduced “an unwarranted rigidity” into planning policy.
Feb 25, 2020

London borough obtains £190k confiscation order against landlord over flats converted without permission

Brent Council has secured a £190,000 confiscation order against a landlord over a property converted into two flats without planning permission and rented out over a nine-year period.
Feb 21, 2020

High Court grants permission for planning judicial review challenge over alleged Equality Act breach

A High Court judge has granted permission for a planning judicial review challenge in part over an alleged breach of the public sector equality duty, Landmark Chambers has reported.
Feb 21, 2020

County offers to take over local plan from district council

Oxfordshire County Council has said it is willing to take over preparation of the local plan of one of its districts after the government threatened rare use of powers that allow this.
Feb 19, 2020

Council rejects airport expansion plan against officers' advice

North Somerset Council has gone against officers’ advice to reject a planning application to expand Bristol airport to handle 12m passengers a year.
Feb 11, 2020

District council defeats judicial review challenge over acceptance of report on neighbourhood plan

A development venture has lost a judicial review challenge over a district council’s decision to accept the report of an examiner into a neighbourhood plan.
Feb 10, 2020

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project

A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.
Feb 07, 2020

Environmental campaigners get go-ahead for legal challenge to permission for deep coal mine

A campaign group has been granted permission for a judicial review of Cumbria County Council’s decision to allow the first deep coal mine in 30 years in the UK to be built.
Feb 06, 2020

Police to take no action amid council concerns over irregularities in handling of major planning application

Northumbria Police have decided to take no action over allegations concerning Northumberland County Council’s planning department and a proposed garden village.
Feb 06, 2020

Community group launches two judicial review challenges against district council

South Cambridgeshire District Council faces judicial reviews over two planning disputes brought by the same community group.
Feb 05, 2020

Family ordered to pay £160k over “irreparable damage” to scheduled monument

Three individuals found responsible for causing serious damage to a scheduled monument have been ordered to pay a total of £160,000 after being taken to court by Historic England.
Feb 05, 2020

County council wins Supreme Court battle over mineral extraction in Green Belt and “openness”

North Yorkshire County Council has won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt.
Feb 03, 2020

Chancery Lane calls for “more comprehensive review” of different development corporations

The Law Society has called for a more comprehensive review of the roles and functions of the different development corporations, “so that there is clarity as to what they are expected to deliver on and what relationship they have with the local planning authority”.
Jan 31, 2020

Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt

The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.
Jan 24, 2020

District launches judicial review challenge against housing scheme over lack of contribution to extra school places

A district council has launched a legal challenge over a planning inspector’s decision to grant planning permission for a 98-home development in Skipton.
Jan 23, 2020

High Court rejects challenge to decision by planning inspector despite errors

An inspector made minor errors when considering a planning dispute in Essex but these were not significant enough to invalidate her decision letter, the High Court has ruled.
Jan 22, 2020

Kings Chambers bolsters planning, personal injury teams with new tenants

Kings Chambers has strengthened its planning and personal injury teams with the arrival of two new tenants.
Jan 21, 2020

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments

The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.
Jan 16, 2020

Resident fails in High Court challenge to planning consent for sand and gravel extraction project

A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.
Jan 15, 2020

Countryside charity fails in legal challenge to grant of planning permission for multiple polytunnels

The Campaign To Protect Rural England (CPRE) has lost an attempt to stop Herefordshire Council’s decision to grant permission for 11 blocks of polytunnels.


February 25, 2020

The First Homes scheme

The Government recently began a consultation for a new affordable housing scheme called First Homes. Neil Toner, Hannah Langford and Alasdair Muir outline the known knowns and the known unknowns of the government's new initiative as well as the likely role for local authorities.
February 21, 2020

Open spaces and the ACV regime

Christopher Cant looks at the key considerations when attempts are made to have open spaces listed as Assets of Community Value (ACV).
February 21, 2020

Infrastructure planning and conventional planning: the borderlines between the two regimes

The High Court recently upheld the Secretary of State for Transport’s decision that expansion proposals for London Stansted Airport should not be treated as a Nationally Significant Infrastructure Project. Charles Banner QC explains why.
February 14, 2020

Interpretation of lawful use certificates

Michael Rudd analyses the outcome of a recent case concerning the applicability of the familiar interpretative principles of planning permissions to lawful development certificates.
February 14, 2020

How to be a judge of openness

A county council recently won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt. Harriet Townsend looks at the lessons to be learned.
February 14, 2020

We need to talk about Section 73: The Lambeth and Finney cases

Michael Dempsey discusses whether two recent decisions are indicative of something more fundamental about section 73 and how it is used and understood in practice.
February 07, 2020

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.
February 07, 2020

Extending prior-approval time limits by agreement

The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.
January 31, 2020

The Epping Forest SAC and grants of planning permission

Permission to bring a legal challenge over a grant of planning permission near the Epping Forest Special Area of Conservation has been rejected. Ashley Bowes explains why.
January 29, 2020

Community Infrastructure Levy reforms and registered providers

Lucy Worrall sets out some practical points for developing registered providers when it comes to the Community Infrastructure Levy.
January 24, 2020

Unincorporated associations and public law claims

A High Court judge has found that unincorporated associations have capacity to bring public law claims. The ruling is potentially of wide application in public law cases, writes Jenny Wigley.
January 24, 2020

Section 73 changes – don’t let the Gremlins in

Roy Pinnock considers recent cases on Section 73 permsisions and examines the power to make non-material changes to planning permissions under section 96A of the Town and Country Planning Act 1990.
January 24, 2020

Agent of change planning appeals

The crossover between the licensing and planning regimes is growing and it is becoming less and less viable to administer either in a watertight compartment, writes Sarah Clover, after she successfully resisted an agent of change planning appeal.
January 24, 2020

Legal privilege and the EIRs

A local authority was recently ordered to disclose legally privileged material under the Environmental Information Regulations 2004. Natasha Stay considers the ruling.
January 17, 2020

A tale of a whistleblower and two hats….

The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.
January 17, 2020

(How) Can Planning Speed Up Delivery? Part 2

In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.
January 10, 2020

(How) Can Planning Speed Up Delivery? Part 1

In the first of two articles Ralph Kellas examines the factors behind slow' build out rates and analyses proposed ways to tackle the issue.
January 10, 2020

Elephant, Dove, Old Oak, RICS

It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.
January 10, 2020

Grants of planning permission and consistency

A challenge to a district council’s decision on grounds of consistency was recently rejected. Saira Kabir Sheikh QC looks at the lessons of the case.
January 03, 2020

The St Modwen test and deliverability

The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.