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Category Archives: Planning

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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

Posted in Planning

New time limits for Planning Judicial Reviews

Judicial review may not seem the most pressing of topics but, as outlined in the earlier blog post Planning a Planning Judicial Review? Better Get Your Skates On, the government is committed to substantial reform to the judicial review system.   Judicial review is a two stage process with an initial permission stage (which, if refused

Posted in Planning

Living in an office block near you …

A controversial new law allowing the conversion of office space into residential development without planning permission took a further twist on 9 May 2013 when Secretary of State for Communities and Local Government, Eric Pickles, announced that only 17 local authorities would be exempt from the new rules.  This represents only a small number of

Posted in Planning

Planning a Planning Judicial Review? Better get your skates on!

On 23 April, the Government announced proposals for the reform of the judicial review procedure, including eye-catching plans to slash the time limit for bringing judicial review claims.  This follows the publication of consultation proposals late last year designed to address the large volume of unmeritorious cases whose effect, increasingly, is to clog up the

Posted in Planning

Offices to Residential Conversion – A Free Ride for Developers?

The Government announced its latest initiative to ease the housing crisis and stimulate growth on 24 January (click here to view the ministerial statement).  From Spring 2013, for a trial period of three years, new rights will permit changes of use from commercial to residential without the need for planning permission. At first glance these

Posted in Planning

Streamlining the planning application process

Developers will welcome with open arms the Government’s latest consultation on changes to the planning application process.  The aim is to streamline the process making it less burdensome, more proportionate and save costs.  The proposals affect design and access statements, the validation stage and decision notices. Design and Access Statements Current Position: Originally introduced in

Posted in Planning

Assets of Community Value – a proverbial pain or a communal benefit?

Watch out all owners of pubs! New planning laws mean that land and buildings which are of “community value” cannot be sold without local communities having the opportunity to bid for them.  You may well ask what the meaning of “community value” is and will not be surprised to learn that it could mean just

Posted in Case Updates, Planning, Real Estate, Real Estate News

Keeping It Real Estate: News and trends in UK real estate, disputes and planning law

“Keeping It Real Estate” has been created by Hogan Lovells’ UK Real Estate group.  It brings together the expertise of over 75 partners and associates covering all aspects of transactional, disputes and planning in the UK market.  The diversity of our work for landlords, corporate occupiers, banks, developers, retailers and local authorities, to name but a