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Old and New Means of Development - 39 Essex Chambers

Planning iStock 000002733689Small 146x219In three parts, this course looks at the various measures being introduced by the Housing and Planning Bill to make development happen beyond the conventional planning permission system: Development Consent Orders, Permission in Principle, Hybrid Bills and Compulsory Purchase.

Course level: Update

Running Time: 45 minutes 

Date of recording: 21st January 2016


Permission in principle

•    What it is

Grant of permission in principle

•    Two routes

•    Automatic grant:

•    Application to local planning authority

Technical details consent

•    Detail settled by the permission in principle

•    Merits which need to be considered in permission in principle

•    Publicity and consultation

•    Environmental Impact Assessment

•    Utility and timescale

Development Consent Orders and Judicial Review

•    Duty to consider alternatives

•    Time limits

•    Compulsory purchase and ‘urgent need’

•    Trans-boundary consultations and EIAs

•    ‘Compelling case in public interest’ test for compulsory acquisition

•    Granting consent for developer to enter land to survey

•    A rare successful challenge to a DCO on procedure

Hybrid Bills

•    What is a Hybrid Bill?

•    Examples

•    Unique procedural features of a Hybrid Bill

•    Is the Hybrid Bill process lawful?

•    Hybrid Bill or DCO? Pros, cons and key differences

Compulsory Purchase and Compensation

•   Housing and Planning Bill Changes to the CPO regime

•   Compensation

•   Introduction of forms for compensation and advance payments

•   Duty to make advance payment on request within two months of notice to treat or vesting

•   Power to carry out building or maintenance work on certain public land interfering with rights

•   Further reforms

Richard Harwood OBE QC

Richard HarwoodRichard specialises in planning, environment and public law, acting for developers, landowners, central and local government, individuals and interest groups. He appears in the courts, inquiries, examinations and hearings, including frequently in the Planning Court and appellate courts. Voted as one of the top ten Planning Silks in Planning magazine’s 2014 and 2015 surveys, he has appeared in many of the leading cases of recent years. Richard is also a leading commentator, a case editor of the Journal of Planning and Environment Law and the author of books including Planning Enforcement and Historic Environment Law.

His public law work includes local government, procurement and funding decisions. Richard has appeared before Parliamentary committees on the last three railway Bills. He also deals regularly with art law, particularly with a regulatory focus.

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Justine ThorntonJustine Thornton

Justine is recognised as a leading junior in environmental, energy, planning and related areas of public and commercial law. She is also a Visiting Professor at University College, London.

Justine has been involved in some of the biggest and most complex environmental litigation in the UK including international group actions for environmental torts. She regularly appears in public law challenges in the Administrative Court and Court of Appeal. She has experience in major inquiries including preparation for an inquiry into a runway at Stansted Airport and an inquiry into a new nuclear power station at Hinkley Point C. She has recently finished a four month trial in the Technology and Construction Court, with a large number of foreign experts and witnesses which required the use of interpreters and document management software in Court.

Chambers & Partners has named Justine in the Chambers 100, a list of the top 100 juniors practising at the Bar across all practice areas. Her reputation means she regularly works with silks from other leading chambers including 20 Essex Street, Matrix Chambers and 11 Kings Bench Walk. Her clients include major utilities and leading industrial companies, Government departments, local authorities, NGO’s and individuals.

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Richard WaldRichard Wald

Richard has been ranked by Chambers and Partners and The Legal 500 in the categories of Planning Law (currently 3rd tier of Leading Juniors) and Environmental Law (currently 1st tier of Leading Juniors) for the last seven years. Richard is also ranked by The Legal 500 in the areas of Administrative and Public Law (including Local Government) and Energy.

He has also been rated by Planning Magazine Legal Survey as amongst the UK’s top planning juniors for the last ten years.

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