Biodiversity Net Gain and Compulsory Purchase

Michael Dempsey considers government CPO guidance in the context of the mandatory Biodiversity Net Gain (BNG) regime, and the practical implications for schemes contemplating the compulsory acquisition of land for onsite BNG. Read more

  NEWS

Nov 15, 2024

Office for Place to be scrapped

The Government has decided to close the Office for Place and pass its responsibilities back to the Ministry for Housing, Communities and Local Government (MHCLG).
Nov 07, 2024

Supreme Court agrees to hear test case on appropriate assessment against backdrop of nutrient neutrality issues

The Supreme Court has granted permission to appeal over whether the Conservation of Habitats and Species Regulations 2017 ("the Habitats Regulations"), properly interpreted, required an "appropriate assessment" before a local planning authority decided whether to discharge conditions on the approval of reserved matters, having previously granted outline planning permission, without such an…
Nov 05, 2024

Borough council takes "unusual" decision to build school

Hampshire County Council has established a steering group and is seeking a "step in clause" as part of a section 106 agreement in order to oversee Eastleigh Borough Council's "unusual" decision to build a primary school as part of a 2,500-home development.

  FEATURES AND ANALYSIS

November 13, 2024

"Is an excuse a use"

A recent High Court case has provided a reminder that care must be taken to distinguish between “commencement” cases and “continuous use” cases based on immunity, writes Roderick Morton.
November 09, 2024

Much ado about timescales - planning challenges

A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.
November 08, 2024

Hopeless but not the same?

The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.

  MORE NEWS

  MORE FEATURES

October 17, 2024

Pride, prejudice, and planning procedure

Ella Grodzinski analyses a recent High Court judgment on the impact of alleged bias on a grant of planning permission following a particularly acrimonious meeting of a council’s planning committee.
October 04, 2024

When is an outbuilding an extension?

Roderick Morton analyses a High Court ruling on whether in order to be an extension for the purposes of the National Planning Policy Framework, a structure said to be an extension must always be physically attached to the building of which it is purportedly an extension.
September 12, 2024

The interaction between planning legislation and adjacent regulatory regimes

In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Daniel Henderson looks at the lessons from the ruling.
September 05, 2024

“Ariyo, Round 2”

The Court of Appeal recently upheld a High Court decision quashing a grant of planning permission in which the interpretation of a previous permission played a key part, despite finding that the High Court had misinterpreted that previous permission. Roderick Morton explains why.
September 05, 2024

Green Belt enforcement appeal dismissed

Sam Vowles sets out the circumstances in which an appeal against the removal of a residential structure was rejected by the Planning Inspectorate.
September 05, 2024

Definitely Delegate Maybe

Simon Ricketts looks at what the future holds for the modus operandi of planning committees.
September 04, 2024

Labour's new towns initiative: navigating the law

Labour has pledged to build a "generation of new towns" in its Manifesto as part of its plan to build 1.5 million new homes over the next five years. Alexander Rose, Lee Pickett, Andrew Batterton and Jessica Harrison explore some of the legal issues which are likely to arise from delivering this important policy and put forward solutions which can be implemented.
August 23, 2024

Weighty matters

The High Court recently addressed a wide range of substantive and procedural issues in planning law in a combined judgment on two claims for statutory review. Robert Williams, Wayne Beglan and Olivia Davies look at the lessons to be learned.
August 09, 2024

Local authority prosecutions and abuse of process

Recorder Zeb, sitting with two Justices in the Bristol Crown Court on appeal, recently found Bristol City Council had behaved in a way which ‘offends the sense of justice and fairness’ in a prosecution against Wyldecrest Park Management Limited. Scott Stemp explains why.
August 09, 2024

2 become 1

Roderick Morton analyses an appeal from an inspector’s decision to grant both a Lawful Development Certificate (LDC) and planning permission for the amalgamation of two flats into one in a residential block of flats by the side of the Thames in Lambeth.
July 19, 2024

Back to basics

Simon Ricketts analyses two High Court rulings this month which provide reminders as to some development management procedural fundamentals.