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High Court clarifies application of presumption in favour in heritage harm case
The High Court has provided further guidance on the application of the presumption in favour of sustainable development (paragraph 14 of the NPPF) in Forest of Dean District Council v Secretary of...
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Vacant Building Credit – an own goal?
Vacant Building Credit (VBC) was re-introduced into the NPPG in May 2016 to less vocal opposition than it faced when originally introduced following a Ministerial Statement in November 2014. The...
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Autumn Statement: mood music?
In the absence of the Housing White Paper, the industry is still left needing to mind the gap. We have simplified budgets – abolishing the Autumn Statement – but no hint of simplified planning for...
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Neighbourhood Plans Fudge
The Government’s solution to the so-far intractable problem of Neighbourhood Plans that do not meet housing needs is here in the form of a Written Ministerial Statement (WMS) calling time on the...
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Valued Landscapes Must Be Something Special
In Forest of Dean District Council v Secretary of State for Communities And Local Government& Anor [2016] EWHC 2429 (Admin), the local authority failed to quash the grant of permission for 95 homes...
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Court of Appeal Confirms Full OAN Benchmark for Sensitive Area Developments
We commented on Knight Developments saga applying for 100 homes in the Ashdown Forest last year. Although upholding the High Court’s decision to quash the appeal permission, the Court of Appeal has...
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The new New Towns Agenda
The third reading of any Bill in the House of Lords is normally fantastically dull. That was not true of what is now the Neighbourhood Planning Act 2017. Lord Mathew Taylor introduced a new and...
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Planning and the General Election: keys to long term success
With the General Election drawing ever closer, planning forms the battleground for a several controversial issues close to voters’ hearts, such as fracking and safeguarding the greenbelt. In...
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Viability Decisions – Care Needed on ‘Market Value’ Assumptions
The recent Parkhurst Road appeal decision emphasises the importance of understanding how land value expectation (and so the price for land) should reflect planning policy requirements. The appeal...
View ArticleFree-Standing Sustainable Development Assessment a Mistake
In Reigate and Banstead BC v SoS CLG [2017] EWHC 1562 (Admin), Lang, J quashed permission granted on appeal for development on greenfield land intended for release in the development plan only if...
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The new New Towns Revolution
In May we wrote about Lord Matthew Taylor’s clause in what became the Neighbourhood Planning Act 2017 introducing provision for locally led new towns. The clause provided a skeleton framework. Flesh is...
View ArticleDeliverability vs Delivery – Court of Appeal confirms NPPF approach
The Court of Appeal has clarified the meaning of ‘deliverable sites’ in the key housing land supply provisions of Paragraph 47 NPPF (5YHLS). As well as emphasising the need for pragmatism when...
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Mind the Gap – Letwin Review should take care to avoid policy overload
The Letwin Review is considering why there is a significant gap between the number of planning permissions being granted and the number of homes built. Initial findings are due to be published with the...
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Capital Gains
Dentons, together with URBED and Gerald Eve, were instructed by the Greater London Authority to look at international land assembly practices, to feed into recommendations on those conditions that...
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Powers and partnership for regeneration
The case of Peters v London Borough of Haringey (Haringey) provides welcome clarity over the extent of the local authorities powers to form limited liability partnerships (LLPs) for the delivery of...
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Need for up to date local development plans
We consider a recent appeal decision for 601 houses at Overtown which confirms that unless Local Authorities keep local development plans up to date and demonstrate effective housing supply they will...
View ArticleConsenting New Towns
Development Consent Orders are a great way to draw together the consents necessary for a piece of infrastructure. As the locally led garden towns movement grows there are siren calls to use the DCO...
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Viability – Speed of Delivery Matters
Last year, the High Court in R (McCarthy and Stone Retirement Lifestyles Ltd) v Greater London Authority [2018] EWHC 1202 (Admin) found the Mayor of London’s 2017 Affordable Housing and Viability SPG...
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Failing to take account of the up to date local development plan
A recent decision by the Court of Session has quashed a planning appeal refusal determined by the Scottish Ministers for failing to take account of the up to date local development plan. The case...
View ArticleAllotments and their protection
The housing shortage and housing affordability, particularly in the South East of England, is a near-constant media headline. Building on its manifesto pledge, in its Autumn 2017 Budget, the...
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