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Category Archives: Planning

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Posted in Planning

CPO compensation – how much will the landowner get?

If someone’s land is compulsorily acquired to deliver a public benefit, it is accepted that they should receive fair compensation. But what that “fair compensation” equates to, is far from straight forward. How is compensation calculated? The principle of equivalence is key to determining compensation – a landowner should be left in no worse, and

Posted in Planning

CPO Basics – What’s all the fuss about?

Compulsory Purchase Orders might not seem the most glamorous of topics, but with the urgent need for more homes, and a new Prime Minister showing great enthusiasm for big infrastructure projects, now’s the time to get to grips with CPOs whether you’re a promoter, landowner or have any other interest in property. In this short

Posted in Planning

Legal viewpoint

Ignore errors in planning permissions at your peril The Court of Appeal has upheld the High Court’s decision in the curious case of three temporary marquees, a backdated decision notice and the judicial review of a planning permission granted nearly six years before the claim was issued. In September 2010 Wirral MBC resolved to grant

Posted in Planning

A beginners’ guide to affordable housing in London

It is estimated that the population of London will reach 10.8 million by 2041. According to the Mayor of London, around 43,500 affordable homes are required each year in order to meet London’s housing needs. Yet the issue as to how these homes will be delivered is one that remains controversial. The provision of “genuinely

Posted in Planning

Conditions, conditions…

A recent Court of Appeal decision serves as a cautionary tale for local planning authorities – and will no doubt result in landowners dusting down their historic permissions… In 1985 LB Lambeth, the planning authority, granted permission for a DIY retail store at Streatham Vale. The permission was subject to a condition which restricted the

Posted in Planning

A cunning plan to avoid paying CIL?

Some might say that the community infrastructure levy (“CIL”) is just a tax on developers to fund infrastructure, but a recent appeal case showed that it’s also a handy yardstick with which to measure human ingenuity… In an attempt to get out of paying CIL on a scheme in Northamptonshire, a developer argued that its

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

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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,

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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,