Cornerstone Planning

Conditional contracts

Can a council as landowner enter into a s106 agreement with itself, in its capacity as LPA? Isham Souffi looks at the issues involved. Read more

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  FEATURES AND ANALYSIS

June 25, 2024

Fossil fuel projects and planning permission

In a ground-breaking decision handed down last week, the Supreme Court has ruled that the grant of planning permission for oil production in Surrey was unlawful for failing to assess the ‘downstream’ greenhouse gas (GHG) emissions that will inevitably arise from the combustion of the fuel, following refinement of the crude oil. Barristers at Cornerstone Barristers analyse the ruling.
June 14, 2024

Failure to serve

A recent High Court case illustrates the breadth of the points which can be raised before the Magistrates if the defendant is not served with an enforcement notice, writes Roderick Morton.
June 12, 2024

Retrofit v rebuild

What do organisations need to know when considering whether they should retrofit or rebuild an existing asset? Chris Kerr looks at the issues.
June 12, 2024

Navigating 4/5G mast objections

Rachel Lee examines a recent High Court challenge to a decision by a local planning authority that prior approval was not required for a proposed development of electronic communications equipment including a mast.

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May 08, 2024

The statutory nuisance regime

Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.
May 03, 2024

Court of Appeal rules on power to vary abatement notice

Powers to vary an abatement notice issued by a local authority against a statutory nuisance under s.80 of the Environmental Protection Act 1990 rest with magistrates, not the local authority, the Court of Appeal has found.

  MORE FEATURES

May 24, 2024

DCOs and the need for development

The Court of Appeal recently refused an appeal against a High Court’s decision to dismiss a judicial review of the grant of development consent for Manston Airport. Barristers at Francis Taylor Building analyse the ruling.
May 15, 2024

How can local authorities deliver BNG on land they own?

Local authorities cannot avoid the mandatory biodiversity net gain (“BNG”) regime which applies to the majority of new developments. Whilst there has been much focus on the additional burden this will create for local planning authorities, there are multiple opportunities too. Chrisa Tsompani and Stephanie Hall look at the ways in which authorities can work with the new requirements to deliver…
May 15, 2024

Enforcement notices and the Murfitt principle

Roderick Morton analyses a Court of Appeal ruling on whether a planning inspector who determined an appeal against an enforcement notice, misapplied the principle in Murfitt.
May 10, 2024

Gypsy and Traveller sites in the Green Belt

Roderick Morton examines a recent s288 challenge against the decision of an inspector to refuse permission on appeal for a material change of use of land in the Green Belt for the stationing of caravans for residential occupation.
April 19, 2024

CIL and Hillside

Christopher Cant and Ben Garbett address an undiscussed issue relating to the Community Infrastructure Levy in light of the Supreme Court ruling in Hillside.
April 17, 2024

New laws to strengthen LPA powers of enforcement

A number of significant changes to the planning enforcement regime will come into effect from 25 April 2024. Perhaps the most notable of these is a change to the time period in which Local Planning Authorities can take enforcement action against unauthorised development. Rebecca Stewart explores some of these changes.
April 12, 2024

An accelerated planning system?

Simon Ricketts assesses the Government’s proposed new measures for an accelerated planning system intended to provide greater certainty to applicants and enable delivery partners to bring forward housing.
March 28, 2024

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At what point does a site cease to be “available” for the purposes of the sequential test? This was the question considered in a recent case, writes Katie Scuoler.
March 22, 2024

Shedding light on solar farm capacity

Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.
March 22, 2024

Whitley once again - no discretion to refuse to determine applications

The High Court has considered and, in a judgment handed down last month, rejected a suggestion that a local planning authority has a discretion to refuse to determine an application for the discharge of a condition which it considers after the statutory 3-year deadline for the implementation of the planning permission to which it relates. Brendan Brett explains the ruling.
March 08, 2024

Implementation – deviation from plans

Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.
March 08, 2024

Above and beyond

Can local plan policies require developers to go beyond national standards? Simon Ricketts analyses a recent Planning Court ruling.
February 29, 2024

The Levelling-up and Regeneration Act 2023

Jo Pickering, Aidan Dickinson, James Mallery-Nelson, Victoria Okafor and Christopher Watkins explore some of the main legislative changes brought in by the Levelling-up and Regeneration Act 2023 which are set to impact the local government and property sector(s).
February 23, 2024

BNG begins: considerations at the application stage

On 12 February 2024, mandatory Biodiversity Net Gain (“BNG”) officially arrived. Alastair Lewis, Emily Knowles and James Goldthorpe explore how BNG will need to be approached at the planning application stage.
February 23, 2024

Enforcement warning notices

Roderick Morton assesses the potential use of enforcement warning notices under s172ZA of the Town & Country Planning Act 1990.