Header graphic for print
Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Category Archives: Planning

Subscribe to Planning RSS Feed
Posted in Planning

Healthy Buildings – Planning and Wellbeing

The link between good planning and good health is unequivocal. The quality of the built and natural environment has a significant impact on health and wellbeing. Occupiers and developers are becoming more aware of how happy and healthy employees (and customers) drive profitability and there is now industry recognition that a building can affect how

Posted in Planning

Draft Airports NPS takes off…

On 2 February 2017 the Government published its highly anticipated draft Airports National Policy Statement (“NPS”) alongside a consultation on the contents of the draft NPS. The draft NPS The draft NPS will, if adopted, provide the primary basis for decision making on applications for development consent for a Northwest Runway at Heathrow Airport. Although

Posted in Planning

HS2: chugging towards its final destination

The government has now issued its formal response to the House of Lords’ special report on the hybrid bill for HS2, issued in December.  Whilst much of this relates to specific petitioners it also includes some important changes to the bill relating to the government’s powers of compulsory purchase, compensation and engagement with landowners. From

Posted in Planning

Our Top Ten Planning Changes for 2017

Last year was full of surprises (and not just in planning!), so we thought that we would share our thoughts on some of the big planning changes that are due to take place this year. We were expecting the Housing White Paper to be issued yesterday, but heard rumours last week that this was being

Posted in Planning

I’m Dreaming of a White Paper…

With an unusually warm 25th December forecast this year, the prospect of a white Christmas looks slim, but with the government’s Housing White Paper due in early 2017, The Year of the Rooster, we’re wondering what we might expect to find when we finally unwrap it in the new year. The Housing White Paper is

Posted in Planning

Build to Rent – The Mayor’s New Planning Pathway

The Mayor of London has revealed his plans for his “shake up” of affordable housing and viability.  He has published his draft guidance on the topic, which is open for consultation until 28 February 2017. The good news for the Build to Rent (BTR) sector is that the Mayor is keen to encourage growth in

Posted in Planning

Why Planning is good for your health….

The link between good planning and good health is unequivocal. There is a clear correlation between the quality of the built and natural environment and community health and wellbeing. National Planning Policy Guidance, the London Plan and a number of local planning policies already encourage the submission of “health impact assessments” as part of the

Posted in Planning

Secretary of State left feeling sheepish over Shepherd’s Bush Market CPO

In Horada v Secretary of State for Communities and Local Government the Court of Appeal has overturned a High Court decision relating to the Compulsory Purchase Order for the redevelopment of Shepherd’s Bush Market.  The Court of Appeal has held that market traders who objected to the CPO were substantially prejudiced by the failure of

Posted in Planning

Staying Put? Enforceability of planning conditions

The recent case of R (Skelmersdale Limited Partnership) v West Lancashire Borough Council and another [2016] EWHC 109 (Admin) has made it crystal clear that conditions imposed by a local planning authority are a powerful tool in helping to ensure potential tenants of new retail space cannot abandon the old in favour of the new.

Posted in Planning

Planning in principle?

The Government’s drive to get Britain building new homes continues.  The recently launched consultation on implementing measures in the Housing and Planning Bill contains a raft of initiatives to speed up the planning process, increase efficiency and unlock development. The consultation covers a wide range of matters in considerable detail.  This blog and our regular

Posted in Planning

Some thoughts from the European Shale Gas and Oil Summit 2015

Early engagement with the community and the planning authority is key. It helps to bring order and information to the process.  It can prevent issues mushrooming, with some careful explanation of the proposal. Engagement helps to break down barriers; communities need a voice and it’s right that they should have one. But engagement also presents an opportunity to

Posted in Planning

Shale Gas: Plan for a bumpy road ahead

Time is money. The shale gas sector wants quicker planning decisions. Local Planning Authorities are chronically under resourced. How can the industry navigate a planning process which has integrity without offending the “fifth official” – the public? The European Shale Gas and Oil Summit has seen many questions debated, but not many answers. Panel member,

Posted in Planning

Raising the roof reform likely to raise eyebrows

Since the Government published its Productivity Plan earlier this month, the more eye-catching proposals for planning reform have been the subject of extensive commentary.  Plans to create a “zonal system” for the development of brownfield land, for example, have been widely discussed, as has the notion of introducing housing into the regime for infrastructure planning.

Posted in Planning

Government blows cold on wind energy

Following its manifesto commitment to “give local people the final say” on applications for onshore wind developments, the government has made controversial policy changes.  Although these directly affect only the wind industry, they are important to the wider development sector because of their implications for the way in which other types of contentious development might

Posted in Planning

Ignore objectors at your peril, developer told by court

A recent High Court judgment reminds developers of the danger of ignoring planning objections, even those from seemingly unthreatening third parties. Gloucestershire renewables firm Ecotricity, famous not only for the marital complications of its former-hippie founder, Dale Vince, is also a prominent developer of wind farms.  But its plans for a two-turbine scheme in Norfolk,

Posted in Planning

Conservative Government: Cabinet Appointments and Manifesto Promises

Following the Conservatives’ election success, Prime Minister David Cameron has made significant appointments to his Cabinet. Given the Tories’ slim majority, he will now look to keep his back benchers in line to enable the implementation of his manifesto promises for the further reform of the planning system. The important appointments relating to planning and

Posted in Planning

Assets of Community Value: Testing Times?

In 2012 we blogged on the introduction of the nomination and listing of Assets of Community Value. At the time, there was some uncertainty as to whether the legislation would be used for genuine community enhancement, or as a stick to beat developers. In a move that will be well received by community groups, the

Posted in Planning

Expedited approval procedure for planning conditions

For developers, the stage of the planning process at which conditions are discharged before the development gets underway can often be the most frustrating.  Delays by LPAs responding to the submission of details which require approval can upset project timetables and hinder delivery.  New measures introduced by the Infrastructure Act 2015 will provide some comfort

Posted in Planning

TVG hopes left on the beach

The Supreme Court ruled on Wednesday that a beach in Newhaven could not be registered as a town or village green (TVG). Opponents to development have long been using the TVG route to thwart unwelcome works, as once land is registered as a TVG it is effectively sterilised for redevelopment.  In order to register land

Posted in Planning

The NPPF – How is it doing?

It is nearly 3 years since the government converted hundreds of pages of planning policy into a single 50 page document, the National Planning Policy Framework, with the promotion of sustainable development at its heart. But has the NPPF made a difference? The House of Commons CLG Committee recently published its report on the operation

Posted in Planning

Vacant Building Credit – A Window of Opportunity

The tinkering with the planning system continues. The addition to the Planning Practice Guidance in November of three slender paragraphs introducing the vacant building credit marks one of the Government’s latest attempts to encourage the redevelopment of brownfield sites. The principle behind the vacant building credit is straightforward. Where a vacant building is brought back

Posted in Planning

Deregistration of town and village greens – good news for landowners

The Supreme Court has recently made an important ruling on when the register of town and village greens (TVGs) can be rectified to remove land erroneously registered (Adamson and others v Paddico (267) Limited and Mrs Gill Taylor v Betterment Properties (Weymouth) Limited [2014] UK SC7).  Given that the registration of land as a TVG

Posted in Planning

Town and Village Greens: No longer a NIMBY’s weapon?

Town and Village Greens (“TVG“) have long been a thorn in the side of developers, and in recent years have increasingly been used by locals to thwart development.  However, the Growth and Infrastructure Act 2013 made a number of changes to the TVG regime, seeking to redress this balance.  Many, though, would say that the

Posted in Planning

Speeding up judicial review – is a new planning court the answer?

On 6 September the Government invited views on potential measures for the further reform of judicial review. As part of this, Justice Secretary Chris Grayling plans to introduce a specialist ‘planning court’ to reduce delays on major developments and drive out the meritless cases which slow down the entire system, leading to substantial delays and