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In this impromptu special summer episode, we're discussing proposed changes to the NPPF as announced by the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, Angela Rayner on the 30th of July 2024.
The proposal is open for consultation for 8 weeks and more information on how to respond can be found here: https://www.gov.uk/government/consultations/proposed-reforms-to-the-national-planning-policy-framework-and-other-changes-to-the-planning-system
Episode resources can be found on our website here: https://havewegotplanningnewsforyou.com/discussing-the-proposed-reforms-to-the-national-planning-policy-framework-july-2024-update-s13-e6/
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Our Special Guest this week is Professor Samer Bagaeen BSc MSc MBA PhD MRTPI FRICS, Professor of Planning & Resilient Systems at the University of Kent.
Decision of the Supreme Court dated 20 June 2024 in R (Finch) v Surrey County Council [2024] UKSC 20, about the necessary scope of an environmental impact assessment in respect of downstream greenhouse gas and scope 3 emissions. Decision of the Welsh Cabinet Secretary for Housing, Local Government & Planning dated 14 June 2024 granting planning permission for a proposed windfarm development by Pennant Walters Ltd judged to be of national significance in accordance with S62D of the TCPA 1990. Issues around harm to historic landscape, impacts on ecology and whether any harm would be outweighed by benefits to CC and energy security. Decision of an inspector dated 11th June 2024 allowing an appeal by North Lambeth Holding BV against the refusal of the London Borough of Lambeth to grant planning permission for a 15-storey building – a tall building-on a largely empty gap site, at 79-87 Westminster Bridge Road, not identified within any development plan as a site suitable for tall buildings.Visit our Website:
havewegotplanningnewsforyou.com
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Our returning Special Guest this week for our 100th episode is Rob Rinder MBE, barrister, host of the ITV’s Good Morning Britain and Judge Rinder.
Latest News Update on planning related matters.
Decision of an inspector dated 24th May 2024 dismissing an appeal by The Cathedral Church of the Holy Spirit & Vivid Housing Ltd against the decision of Guildford Borough Council to refuse planning permission for the development of 124 homes on a site largely allocated for residential development via policy A15; main issue-effect on heritage assets with reference to design and landscape context. Decision of an inspector dated 24th May 2024 allowing an appeal made by Cala Homes (Cotswolds) Ltd against the failure of Warwick DC to determine an application for outline permission for up to 83 homes including AH, access, internal roads & footpaths, POS & landscaping, drainage on land at Warwickshire Police HQ, Woodcote lane, Leek Wootton on land forming part of a wider housing allocation. Main issues around effect of proposal on CA & NDHA, highway safety & compliance with development plan policy. Decision of an inspector dated 24th May 2024 allowing an appeal by Taylor Wimpey UK Homes Ltd against the failure of Guildford BC to determine a full application for highway works and an outline application for phased development of up to 1,730 C3 homes, 8 G&T pitches, 100 c2 homes, a local centre, employment, primary & secondary schools & green infrastructure, on an allocated site at the former Wisley Airfield. Multiple costs applications. -
Our Special Guest this week is Simon Berkeley BA MA MRTPI, Head of Local Plans, at the Planning Inspectorate.
Latest News Update on planning related matters. Decision of the Secretary of State for Transport dated 16th May 2024 granting a modified DCO following an application made by National Highways for the Proposed M3 Junction 9 under section 37 of the Planning Act 2008 following the recommendation of the Examining Authority. Decision of an inspector dated 15th May 2024 allowing an appeal made by Wates Developments against the decision of Cherwell DC to refuse to grant outline permission for up to 147 homes, POS, playing field and sports pitches on an unallocated green field site land on the southern edge of Chesterton some 5 km from Bicester. Decision of an inspector dated 16th May 2024 dismissing an appeal by Bellway Homes Ltd (North East) against the decision of Durham County Council for the development of 148 homes on a greenfield site immediately outside the settlement boundary of Great Lumley, agreed not to be of a valued landscape but in a location judged not to be sustainable by the inspector. -
Our special guest this week is Simon Wicks, Deputy Editor of the Planner, the official member magazine of the Royal Town Planning Institute.
Latest News Update on planning related matters.
Decision of the High Court dated 3rd May 2024 in Friends of the Earth et al v Secretary of State for Energy Security & Net Zero [2024] EWHC 995 (Admin) concerning a challenge to the Secretary of State’s Carbon Budget Delivery Plan laid before Parliament under s14 of the Climate Change Act 2008, pursuant to the order made by Holgate J in R (Friends of the Earth v Secretary of State for Energy Security & Net Zero [2023] 1 WLR 225. Decision of the Court of Appeal dated 2nd May 2024, in Secretary of State for LUH&C v Caldwell & Timberstore Ltd [2024] EWCA Civ 467 dismissing an appeal from the decision of Lieven J [2023] EWHC 2053 (Admin) quashing an inspector’s decision, dated 14 February 2023, to dismiss an appeal under section 174 of the TCPA 1990 and to uphold an enforcement notice alleging a breach of planning control requiring the cessation of residential use and demolition of a bungalow known as “The Goose House”. Misapplication of the Murfitt. Decisions of an inspector dated 3rd May 2024 allowing Burlington Property Group’s appeals against the refusal by Three Rivers DC, of outline planning applications for A) up to 83 new homes, a new surgery & access & B) 9 homes & access in the Green Belt. -
Shelly Rouse is a Principal Consultant with the Planning Advisory Service with a passion for delivering support to local authorities and helping drive public sector improvement with housing delivery and land supply as her specialities.
Latest News Update on planning related matters.
Decision of the High Court dated 5th April 2024 in R (Low Carbon Solar Park 6 Limited) v Secretary of State for LUH&C & Uttlesford DC dismissing a challenge to an inspector’s decision, under section 76D of the TCPA 1990, refusing an application for the construction and operation of a solar park at Pelham, Manuden. The challenge alleged procedural unfairness. Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 8th April 2024, in accordance with the inspector’s recommendation, dismissing a recovered written rep appeal by Aveneco Ltd, against Buckingham Council’s refusal to grant permission for an energy park with high-capacity battery storage, 416 bedroom hotel, two office units, biogas waste digester energy unit incorporating alternative and emerging transport solution & an advanced educational facility at End Road, Dorney, Slough. The proposal was judged to be inappropriate development in the Green Belt & raised issues around impact on openness, flood risk, heritage assets, highways. Decision of the Minister for Housing & Homelessness on behalf of the Secretary of State, dated 22nd March 2024, in accordance with the inspector’s recommendation, to allow two appeals seeking outline planning permission : Appeal A for a residentially led mixed use schemes of up to 391 homes and Appeal B for up to 330 discounted affordable homes for key workers, including military personnel, against the refusals of St Albans & City District Council on land at Chiswell Green, St Albans in the Green Belt. -
Our Special Guest this week is Dr Chris Miele, Partner at Montagu Evans LLP.
Latest News Update on planning related matters.
Decision of a Planning Inspector dated 13th March 2024 to allow an appeal by Abri Group Ltd against the refusal by Woking Borough Council to grant planning permission for the demolition of existing buildings & the erection of a 25-storey building comprising 224 dwellings & ground floor commercial floorspace, in Woking town centre. Decision of the Minister of State for Local Government, on behalf of the Secretary of State, dated 13 March 2024 dismissing a recovered appeal against the decision of West Northamptonshire Council to refuse an application by Annesco Ltd, for a temporary Solar Farm of up to 49.72MWcontrary to the inspector’s recommendation. Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 15th March 2024, allowing an appeal by Redrow Homes Ltd against Dacorum Borough Council’s refusal to grant permission for a hybrid application for the development at Tring of up to 1400 homes including 140 x C2 dwellings, local centre, sports hub, primary & secondary schools, SANG & POS in the Green Belt against a background of a 1.2 yr HLS amounting to 6,108 dwellings. -
Our Special Guest this week is Chris Webber, Group Planning Manager at Barratt Developments PLC.
Latest News Update on planning related matters. Decision of the High Court in Marks & Spencer PLC v SOSLUH&C & others [2024] EWHC 452 allowing a s288 challenge & quashing the SoS’s dismissal of M&S s78 appeal for the construction of a 9-storey new mixed office & retail store at the western end of Oxford Street. Decision of the High Court in R (oao Galloway) v Durham County Council & Lightsource SPV 215 Limited [2024] EWHC 367 allowing a JR & quashing the grant of a planning permission for an excessive number of solar panels thus able to generate a capacity of 50MW or more which could not be rescued by subsequent NMA to that application. Decision of a Planning Inspector dated 29th February 2024 to allow an appeal by Taylor Wimpey (UK) Ltd against the non-determination by Charnwood Borough Council to grant outline planning permission for up to 195 dwellings on a site outside the development limits of Syston which formed part of a proposed strategic allocation in the Pre-Submission Draft of the emerging Local Plan, currently at examination. -
Our Special Guest this week is Lindsey Richards, President of the Royal Town Planning Institute for 2024.
Latest News Update on planning related matters. Decision of the High Court in Mead Realisations Ltd v SOSLUH&C & Redrow Homes Ltd V SOSLUH&C [2024] EWHC 279 dismissing two separate s288 claims challenging the dismissals of s78 housing appeals in Weston Super Mare (in FZ3) & Bushey (largely in Fz1 but also Fz2&3 plus 10% affected by reservoir flood risk) where neither LPA had a 5 yr HLS but where both appeals were judged to have failed compliance with the sequential test under NPPF 162 & PPG paragraph 028. Decision of a Planning Inspector dated 15th February 2024 dismissing an appeal by Elysian Loughton Site Ltd against the refusal of Epping Forest District Council to grant planning permission for the demolition of three homes and the erection of linked apartment blocks to form elderly persons apartments integrated C2 care facilities issues regarding the bulk, massing & height, effect on living conditions of existing neighbour & future occupiers & a viability review mechanism. Decision of a Planning Inspector dated 14th February 2024 to allow an appeal by Gadman Developments Ltd against the refusal of Somerset Council to grant outline planning permission for up to 100 dwellings on part of a larger green field, outside the settlement boundary for Creech St Michael. Issues around the effect of the proposal on the character & appearance of the area & neighbouring residential properties, HLS & whether a tilted balance applies or not. -
Our Special Guest this week is Grant Butterworth, Head of Planning at Leicester City Council.
Latest News Update on planning related matters. Decision of a Planning Inspector dated 23rd January 2024 dismissing an appeal by PA Investments Ltd & PD Developments (Essex) Ltd against the failure of Basildon Borough Council to determine an application for demolition of 2 houses and outline permission up to 150 dwellings & a 5 bed care home on a site at Billericay, virtually all in the Green Belt, which had been allocated in the local plan, submitted for examination but subsequently withdrawn. 1.85 yr HLS. Issues around adverse landscape and visual impacts, impacts on the dormouse population. VSC not found. Decision of a Planning Inspector dated 26th January 2024 dismissing an appeal by Vistry Homes Ltd against the refusal of St Albans City & District Council to grant outline planning permission for up to 150 dwellings including AH & custom-build, on a greenfield site at Colney Heath within the Metropolitan Green Belt with emerging plan having undergone Reg 18 consultation. No 4 yr HLS. Issues around adverse landscape and visual impacts, flood risk, effects on heritage assets, accessibility, relevance of PDL & AQ. VSC not found. Decision of a Planning Inspector dated 31st January 2024 dismissing an appeal by Wulff Asset Management Ltd against the refusal of Erewash Borough Council to grant outline planning permission for up to 196 dwellings on a greenfield site at Stanton By Dale, Derbyshire, in the context of a 2.65 yr HLS & an emerging local plan proposing to designate the land as Green Belt. -
Our Special Guest this week is Andreas Markides, Chairman of Markides Associates & Author of Urban Myths.
Latest News Update on planning related matters.
Decision of the Court of Appeal in R (oaf Substation Action Save East Suffolk Ltd) v Secretary & State for Energy Security & Net Zero & others [2024] EWCA Civ 12 dismissing an appeal against the decision of the Lang J who had refused a claim for judicial review of two decisions by the first respondent to make development consent orders under section 114 of the Planning Act 2008 for two nationally significant infrastructure projects for onshore and offshore windfarms. The first ground of challenge relates to flood risk and the application of the sequential test, the second, to the decision on the cumulative impacts. Decision of the High Court, Holgate J dated 17 January 2024 in R (oao Aysen Dennis) v London Borough of Southwark & Notting Hill Genesis [2023] EWHC 3210 (Admin) who granted an application for judicial review quashing the Council’s decision under section 96A to make a non-material amendment to an outline planning permission for the phased redevelopment & regeneration of the Aylesbury Estate on the grounds that the introduction of “severable” was material. Decision of a Planning Inspector dated 17th January 2024 to dismiss an appeal by Templeview Developments Ltd against the refusal of Milton Keynes Council to grant full planning permission for the change of use of agricultural land to a linear park, new access road and stopping up and outline planning permission for 277 C2 extra care apartments, a 70 bed care home, 41 retirement bungalows & up to 196 C3 homes. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents. -
Our Special Guest this week is the Attorney General for England & Wales, the Rt Hon Victoria Prentis KC MP.
Decision of the Court of Appeal in R (oaf Fiske) v Test Valley BC & Woodington Solar Ltd [2023] EWCA Civ 1495 dismissing an appeal against the decision of the HHJ Jarman KC who had dismissed the claimant’s application for judicial review of the Council’s decision to grant planning permission for development including the construction of a 132kV substation on land at Woodington Farm, East Wellow, on the ground that the Council failed to take into account the incompatibility of that planning permission with one previously granted. Decision of the High Court, Karen Ridge sitting as a Deputy High Court Judge, dated 15 December 2023 in R (oao Lidl Great Britain Ltd) v East Lindsey DC & Aldi Stores Ltd [2023] EWHC 3210 (Admin) on a renewed oral application to seek judicial review of the Council’s decision to grant planning permission to Aldi for retail development at Spilsby Road, Horncastle. Permission granted because two of the four grounds judged to be arguable. Decision of an inspector dated 3rd January 2024 allowing an appeal by A2 Dominion Developments Ltd against the refusal of the LB of Hounslow to grant full planning permission for part 2 and 3 storey development for a SEND school and 124 homes in 3 blocks ranging from 3 to 5 storeys. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents. -
In this episode, we present a rundown of the latest updates to the National Planning Policy Framework announced by Michael Gove on the 19th of December 2023. Episode resources and downloads to documents discussed can be found on our website below.
Visit our Website: Have We Got Planning News For You
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Our Special Guest this week is Stacey Robins, Head of Planning & Environmental Services for Wealden District Council.
Episode Resources on HWGPNFY.com
Latest News Update on planning related matters. Decision of the Secretary of State for LUH&C on a recovered appeal dated 15th November 2023 disagreeing with the inspector’s recommendation and allowing an appeal by the Ministry of Justice against the decision of Harborough DC to refuse planning permission for a new Category B prison of up to 82,555 m2 GEA within a secure perimeter fence at HMP Gartree, Market Harborough. Decision of an inspector dated 30th November 2023 allowing an appeal by Lendlease against the refusal of the LB of Southwark to grant full planning permission for an 18-storey commercial building on plot H1, Elephant Park – “the last piece of the jigsaw” relating to the former Heygate Estate-designed by architects ACME. Issues around history, land use & impact of development. Decision of the Department of Energy Security & Net Zero dated 28th November 2023 granting the Slough Multifuel Extension Order, a development consent order under section 114 of the Planning Act 2008, the effect of which was to increase the efficiency & output of a previously consented energy from waste generating station capacity for up to 50 megawatts (MW) to 60 MW. The works proposed would be largely confined to within the already permitted boiler house and wind turbine. -
Our Special Guest this week is Michael Meadows, Head of Planning & Public Affairs at British Land.
Latest News Update on planning related matters.
Decision of an inspector dated 6th November 2023 allowing an appeal by Trenport East Hall Park Ltd against the failure of Swale BC to determine an application for planning permission for up to 380 new homes (incl. AH) & 450 sq m of Class E/F on land west of Church Road, Tonge, Sittingbourne on land allocated for mixed use account in the context of a lack of HLS, in an area already suffering from a degree of traffic congestion; impacts on heritage & landscape character & SPA alleged. Decision of an inspector dated 6th November 2023 dismissing an appeal against the refusal of Cotswold DC to grant planning permission for a new secure roadside truck stop facility including associated HGV & car parking, drivers facilities building, access & servicing within the Cotswold AONB. Agreed to be major development, NPPF 177 applied, Strategic Road Network Circular 01/2022 considered. Decision of an inspector dated 9th November 2023 allowing an appeal by David Wilson Barratt Homes for planning permission for 300 dwellings (90 AH), community hall, POS, associated works & two accesses from the A259 (one temporary for construction) access off the B2102, at land north of Highgrove Farm, Bosham against the non-determination by Chichester District Council on an unallocated site beyond the settlement boundary, in the context of no 5 yr HLS, issues around effects on SPA & SAC, AONB & highways infrastructure on A27. -
Our Special Guest this week is Rosie Pearson, Chairman of the Community Planning Alliance and Founder of Pylons East Anglia.
Latest News Update on Labour on planning, latest PINS stats & a new resource for planning cases.
Decision of the High Court in Telford & Wrekin Council v Secretary of State for LUH&C & Greentech Invest UK Ltd [2023] EWHC 2439, a s288 challenge issued & served outside the 6 week challenge period. Application to extend time refused. Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 1oth October 2023 dismissing an appeal against the refusal of South Oxfordshire DC to grant planning permission for a mixed use scheme including 350 new homes & a C2 scheme on an unallocated site account in the context of a lack of HLS, a neighbourhood plan with allocations & impacts on landscape character. Decision of an inspector dated 12th October 2023 dismissing Croudace Homes Ltd’s appeal for planning permission for up to 290 dwellings, landscape, SANG & access off the B2102, at Bird in the Eye Farm, against the non-determination by Wealden District Council on an unallocated site beyond the settlement boundary at Uckfield, in the context of no 5 yr HLS, issues on Ancient Woodland, flood risk, heritage, accessibility & safe access. -
This week, we’re joined by Sir Robert Neill MP. Member of Parliament for Bromley & Chislehurst and Chair of the Justice Committee.
Latest News Update on Spelthorne, Lib Dems on housing targets & Greenwich Council’s decision on Mast Quay Towers. Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 21st September 2023 dismissing two appeals against non-determination by the London Borough of Southwark to grant planning permission for either of two schemes for the redevelopment of New City Court, 4-26 St Thomas Street; one for a 37-storey scheme, the other for a 26-storey scheme, on account of their LTSH on numerous designated heritage assets. NPPF 202 balance not favourable to appellant. Decision of an inspector dated 18th September 2023 allowing Metis Homes Ltd’s appeal for planning permission for 103 dwellings & a children’s nursery against the non-determination by Chichester District Council on a site beyond the settlement boundary at Nutbourne, Chichester in the context of no 5 yr HLS, an emerging local plan and issues around infrastructure including a bespoke nutrient neutrality mitigation scheme. Decision of an inspector dated 26th September allowing an appeal by Vedose Ltd against the refusal by Watford Borough Council to grant permission for a mixed use development of 247 build to rent homes and Class E floorspace in a building ranging from 5 to 24 storeys in height at 50 Clarendon Road, Watford, issues around loss of employment floorspace, impact on character & appearance & adequacy of living conditions. -
Our Special Guest this week is Paul Morrison, Chief Executive at the Planning Inspectorate.
Latest News Updates Decision of the High Court dated 6 September 2023 in R(oao Fiske) v Test Valley Borough Council & Woodington Solar Ltd [2023] EWHC 2221 (Admin) quashing a decision under section 73 to grant a permission varying conditions in respect of an earlier permission for a solar farm, including panels and a 33kV substation because the permission was outside the scope of s73 due to conflicts with the operative wording of the original permission, contrary to Finney. Decision of the Minister for Housing & Planning dated 11th September 2023, allowing LS Easton Park Development Ltd’s appeal against the refusal by Uttlesford DC of permission on land at Dunmow, Essex, for between 1,000 and 1,200 dwellings & up to 21,500 sqm of development in C2, Class E & F on unallocated open countryside. Issues around BMV agricultural land, impacts on heritage, transport and landscape. Tilted balance engaged, no 5 yr HLS. Decision of an inspector dated 13 September 2023 dismissing Leverhulme Estates Ltd’s seven appeals for outline planning permission against the refusals of permission by Wirral Metropolitan Borough Council for various C3 housing of between 15 and 290 dwellings in various locations all in the Green Belt in the context of an emerging local plan submitted for examination in October 2022 alleged by the Appellant to be flawed. Appellant also maintained no 5 yr HLS although Council disagreed. No VSC found. -
Our Special Guest this week is Clive Betts MP, Chair of the Levelling Up, Housing and Communities Committee which has published their report “Reforms to national planning policy”.Decisions of the Week
Decision of the High Court dated 30th June 2023 in CG Fry & Son Ltd v SoSLUH&C & Somerset Council [2023] EWHC 1622 (Admin) dismissing a s288 challenge to an inspector’s decision dismissing a section 78 appeal against the refusal of Somerset Council to discharge certain conditions attached to a C3 planning permission because of a failure to provide an Appropriate Assessment under the 2017 Habitat Regulations in the context of NE’s concerns around nutrient neutrality. Decision of the High Court dated 30th June 2023 in Swindon BC v SoSLUH&C & Danescourt [2023] EWHC 1627 (Admin) dismissing a s288 challenge to an inspector’s decision allowing a developer’s appeal for up to 220 dwellings on land which formed part of a wider allocation of 8000 homes of which 6,800 had already received permission. Issues around the inspector’s approach to infrastructure. Decision of an inspector dated 14th June relating to enforcement appeals by Mr J Clarkson relating to Diddly Squat Farm and the alleged unlawful change of use to a mixed agricultural, café, restaurant, farm shop, parking & lavatory facilities (as corrected by the inspector). Issues raised as to the correct planning unit & breaches of planning control, the service of the notices & the inspector’s ability to correct defects in the enforcement notices on appeal. Decision of Secretary of State for Levelling Up, Housing & Communities dated 20 July 2023 rejecting the inspector’s recommendation and refusing planning permission for the demolition of the Marks & Spencer’s store at 456-472 Oxford Street and erection of a new 2-basement, ground plus 9 storey missed use (Class E) building raising heritage and embodied carbon issues. - Mehr anzeigen
