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Prior approval and definitional requirements

The High Court has issued an important judgment on prior approval decision-making, writes Andrew Byass. Read more
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  NEWS

Jul 23, 2021

Supreme Court to rule on liability of claimant for costs of other parties in statutory and JR cases where challenge refused at permission stage

The Supreme Court will next week (30 July) hand down its ruling in a dispute over whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.
Jul 22, 2021

Select committee calls on Government to pause any further extensions of permitted development rights pending review

The Government should pause any further extensions of permitted development rights (PDRs) for change of use to residential and conduct a review of the role of such PDRs in the wider planning system, MPs have said.
Jul 21, 2021

Council repaid £59,000 owed after eight-year dispute over "unsightly clutter" in garden and illegal extension

Buckinghamshire Council has been repaid £59,000 after its planning enforcement team secured the clear up of unsightly clutter and removal of an illegal extension in the garden of a property in High Wycombe.
Jul 20, 2021

Ministry issues revised National Planning Policy Framework, establishes Office for Place

The Ministry of Housing, Communities and Local Government (MHCLG) has issued a revised version of the National Planning Policy Framework and a new National Design Code.
Jul 19, 2021

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs

The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.
Jul 16, 2021

Government promises enhanced CPO regime and new permitted development rights in High Street improvement programme

The government has announced a range of measures aimed at improving high streets including new powers for councils to compulsorily purchase empty properties, changes to licensing laws and a new permitted development right to enable retail premises to be converted into residential housing.
Jul 15, 2021

City council threatened with legal challenge over permission for 2,400 homes on former Green Belt land

A charity has threatened Coventry City Council with a judicial review challenge over its grant of planning permission for a 2,400-home development at Eastern Green.
Jul 13, 2021

Review to be held of Planning Inspectorate enforcement workload in drive to increase referrals to mediation

The Ministry of Housing, Communities and Local Government is engaging on a ‘Pathfinder’ initiative with the Planning Inspectorate to review its current enforcement workload to identify which appeals could be referred to mediation.
Jul 13, 2021

Government to review Nationally Significant Infrastructure Projects regime in bid to halve process time for some projects

The Government has launched an operational review of the Nationally Significant Infrastructure Projects (NSIP) regime with the aim of some projects going through the process in up to half the time than at present.
Jul 07, 2021

Self-builder loses High Court legal challenge over refusal of CIL exemption

The self-build exemption from the community infrastructure levy (CIL) does not apply where a development lacks planning permission, the High Court has found.

  FEATURES AND ANALYSIS

July 21, 2021

Mediation and planning: here to stay?

John Pugh-Smith, Harry Spurr and Josef Cannon review important recent developments in the use of mediation in planning.
July 15, 2021

Alighting on serious risks

Wayne Beglan and Sam Fowles examine the Planning Court's recent judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks.
July 15, 2021

Self-builders, CIL exemptions and retrospective planning permission

Trevor Ward analyses a recent High Court ruling that the CIL payment exemption is not available for self-build houses granted retrospective planning permission.
July 08, 2021

Confiscation and enforcement notices: the roll-back from Panayi

Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.
July 05, 2021

Bridging the Gap: planning pointers for property practitioners

Myriam Stacey QC, Jenny Wigley QC, Katrina Yates and Heather Sargent focus on key points that property practitioners need to know about section 106 obligations and planning enforcement.
June 17, 2021

Time limits in planning and revocation of CLEUDs

A Planning Court judge recently rejected a challenge to a council’s decision to revoke a Certificate of Lawful Existing Use or Development (CLEUD). David Forsdick QC explains why.
June 10, 2021

Nutrient neutrality, the Solent and new development

The High Court has rejected habitats challenges on nutrient neutrality in the Solent. David Elvin QC explains why.
June 10, 2021

Delegating negotiation of s.106 agreements to officers

Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.

  MORE NEWS

Jul 07, 2021

Ocado bids to take dispute over revocation of certificate of lawful use by council to Court of Appeal

Online retailer Ocado has applied to the Court of Appeal for permission to appeal the High Court’s rejection of its judicial review challenge over Islington Council’s decision to revoke a certificate of lawfulness of an existing use or development (CLEUD) for a site on an industrial estate and near a primary school.
Jul 01, 2021

Dorset council withdraws planning permission following threat of legal action

Bournemouth Christchurch Poole Council has suspended planning consent for almost 700 homes after a local environmental group said it had acted unlawfully.
Jun 30, 2021

Man who ignored injunction to demolish unpermitted leisure buildings found in contempt of court

Forest of Dean District Council has successfully prosecuted a man in a contempt of court application at the High Court for failing to demolish a leisure building housing a cinema and bowling alley that he was ordered to take down in 2018.
Jun 30, 2021

Council cancels planning permission following legal threat from retailer

Milton Keynes Council is to quash its own grant of planning permission for a project, made under delegated powers, after a legal threat from retailer Tesco.
Jun 30, 2021

Definition of Gypsy or Traveller is not discriminatory: High Court

The definition in Annex 1 of the Planning Policy for Traveller Sites 2015 of who is a Gypsy or Traveller is not discriminatory, the High Court has found.
Jun 23, 2021

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings

Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.
Jun 23, 2021

Council facing legal challenge to grant of planning permission for expansion of Southampton Airport

Objectors to the expansion of Southampton Airport have appointed law firm Leigh Day to challenge Eastleigh Borough Council’s grant of planning permission.
Jun 21, 2021

Council mounts High Court legal challenge over grant by inspectors of permission for increase in passenger numbers at Stansted Airport

Uttlesford District Council is to bring a legal challenge after planning inspectors overturned its refusal of permission for the cap on passenger numbers at Stansted Airport to be increased to 43 million per year.
Jun 17, 2021

Court of Appeal refuses parish permission to appeal in row over 1,500-home development

The Court of Appeal has rejected an attempt by Abbotskerswell Parish Council to block Teignbridge District Council’s plan for a 1,500 homes development at Wolborough Barton.
Jun 14, 2021

Group accuses London borough of religious discrimination in planning dispute

The London Borough of Barnet has been accused of breaching equalities legislation by a Muslim group in a planning case.
Jun 10, 2021

Powers to levy full council tax on incomplete properties should be included in planning reforms, Housing, Communities and Local Government Committee says

The UK Government's proposed reforms to the planning system should include powers for local authorities to levy full council tax on incomplete properties if not completed in a timely period, a report from the Housing, Communities and Local Government Committee has found.
Jun 09, 2021

District council hit with full costs after planning inspectors back expansion at Stansted Airport

Uttlesford District Council’s leader has urged Whitehall to rectify “an insult to local democracy” by the Planning Inspectorate over the expansion of Stansted airport.
Jun 07, 2021

Online retailer fails in judicial review challenge over revocation by council of certificate of lawful use

A High Court judge has rejected a judicial review challenge by online retailer Ocado over a London borough’s decision to revoke a certificate of lawfulness of an existing use or development (CLEUD) for a site on an industrial estate and near a primary school.
Jun 02, 2021

Claimants fail in legal challenge over whether now-defunct council had lawful authority to issue enforcement notice

The former Kettering Borough Council had the power to issue an enforcement notice even though some of the matters involved concerned the powers of the former Northamptonshire County Council, the High Court has found.
Jun 02, 2021

Council wins High Court battle over CIL late payment surcharge

The London Borough of Lambeth has won a High Court case over the validity of notices to developers to pay the community infrastructure levy (CIL) after a judge dismissed a developer’s “circular” argument.
Jun 02, 2021

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment

A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.
Jun 01, 2021

Dispute over permitted development changes to be heard by Court of Appeal

The Court of Appeal has granted campaign group Rights: Community: Action (RCA) permission to appeal the High Court’s dismissal of its challenge to major changes to permitted development rights.
May 28, 2021

Welsh council agrees to accept Ombudsman recommendations in full despite Monitoring Officer report advising payment of £15k less in proposed compensation to complainant

Councillors at Flintshire County Council came close to rejecting a recommendation from the Public Services Ombudsman for Wales after the local authority's monitoring officer advised councillors to pay a complainant £5,000 instead of the proposed £20,000.
May 26, 2021

Failure by council to give reasons sees judge quash planning permission for home in area of outstanding natural beauty

The High Court has quashed planning permission granted by Cornwall Council for a home in an Area of Outstanding Natural Beauty also designated as a heritage coast.
May 25, 2021

Court rejects legal challenge to planning permission for Isle of Wight retail park

The High Court has rejected a challenge by Asda Stores to the grant of planning permission for a new retail park on the Isle of Wight, it has been reported.
May 24, 2021

Judge quashes planning permission for development of former hospital site over appraisal of relocation of 500-year-old tree

A Planning Court judge has quashed Tower Hamlets Council's grant of planning permission and listed building consent for residential development of the former London Chest Hospital.
May 19, 2021

High Court judge quashes grant of planning permission for 110-unit scheme

The High Court has ruled that a conservation officer’s advice should not have been withheld from the London Borough of Lewisham’s planning committee when it approved the redevelopment of part of the Sydenham Hill estate.
May 19, 2021

Inspector rejects development in part over impact on Welsh language in community

A housing development has been rejected by a planning inspector partly because those expected to buy the homes would be unlikely to speak Welsh.
May 19, 2021

Inspector requires archdiocese to demolish rebuilt primary school, rejects its costs application

An inspector has ruled that the Catholic Archdiocese of Southwark must demolish a primary school that was built contrary to planning permission, and rejected its demand that Lewisham Council pay its costs.
May 19, 2021

Home Office and city council facing legal challenge over age assessments at Kent Intake Unit

The High Court has granted permission for a legal challenge over the lawfulness of the Home Office’s policy on age assessments at Kent Intake Unit (KIU).

  MORE FEATURES

June 09, 2021

Compulsory Purchase: A fresh perspective

Paul Shadarevian QC, Harriet Townsend, Emmaline Lambert and Dr. Christina Lienen consider compulsory purchase law and practice for acquiring authorities and affected owners – pitfalls to look out for, and tips to take to heart.
June 03, 2021

Incorrect plans: a strict approach

A recent Planning Court case provides a refreshing view on incorrect plans, writes Roderick Morton.
June 03, 2021

Delays have dangerous ends - or do they?

Peter Wadsley examines the outcome of a recent judicial review case in which the claim was brought six years after the planning decision in question was made.
June 03, 2021

Planning for schools: academy and free school planning appeals

What are the tactics for defending school planning appeals where a free school or academy is promoted by the Secretary of State for Education and planning permission is refused (or an application is undetermined) by the local planning authority? Lisa Busch QC, Harriet Townsend, Ryan Kohli and Rowan Clapp discuss.
May 24, 2021

The LLG Grapevine 24th May

Deborah Evans, Dennis Hall and Helen McGrath discuss junior lawyer guidance, traveller injunctions, presenteeism, homeworking, levelling up, new laws for house buyers, renters and homeowners, planning reform and public interest reports.
May 20, 2021

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word

Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.
May 13, 2021

Another PCN prosecution

PCN prosecutions are like buses it seems. You wait ages then two come along at once, writes Roderick Morton.
May 06, 2021

The death of Panayi

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