Varying planning permissions

Landmark Chambers and Herbert Smith Freehills host a webinar to discuss the current state of the law on varying planning permissions, the impact of recent case law including Lambeth and Finney, explain the practical implications for developers, landlords, tenants and funders, and propose some possible ideas for reform. Read more
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  NEWS

Feb 04, 2021

Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development

The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.
Feb 04, 2021

Council agrees to quashing of planning permission for 110,000-bird poultry farm: report

A local campaign group claims to have forced Powys County Council to reverse planning permission for a huge poultry farm after winning permission for a judicial review.
Feb 03, 2021

BBC fined £28,000 for recording part of hearing of legal challenge to grant by county council of planning permission for fracking

The BBC has been fined £28,000 after it made a video and audio recording of a half day’s hearing in the Planning Court.
Feb 02, 2021

Park authority obtains injunction after 12 oak trees felled in protected conservation area

The New Forest National Park Authority last month obtained a High Court injunction to prevent further damage to an area of protected woodland in the National Park.
Jan 28, 2021

Residents launch legal challenge over South Oxfordshire Local Plan

A local group has issued a legal claim to try to overturn South Oxfordshire District Council’s Local Plan, which was adopted under pressure from Communities Secretary Robert Jenrick.
Jan 28, 2021

Divisional Court rejects reasons given by magistrates for finding prosecution in planning enforcement case was within time limits

Reasons given by Reading Magistrates’ Court for deciding that the prosecution in a planning enforcement case had complied with the six months' time limit in s127 of Magistrates Courts Act 1980 cannot be upheld, the Divisional Court has ruled.
Jan 28, 2021

Council defeats Court of Appeal challenge over interpretation of paragraph 90 of National Planning Policy Framework on town centre vitality

Leeds City Council did not err when it gave planning permission for a large mixed-use retail-led development next to an Asda store, the Court of Appeal has found.
Jan 27, 2021

Planning barrister Juan Lopez joins 39 Essex Chambers

The planning, commercial and public law practices at 39 Essex Chambers have been bolstered by the arrival of Juan Lopez, who joins with immediate effect.
Jan 26, 2021

Supreme Court to consider whether claimants unsuccessful at permission stage of statutory and judicial review cases are liable for costs of multiple parties

The Supreme Court will this week hear a dispute over whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.
Jan 14, 2021

Developer loses Court of Appeal battle over whether 'tilted balance' applied to 50-home scheme

It was not unfair for a planning inspector to find that the ‘tilted balance’ did not apply to an application for a housing development, the Court of Appeal has ruled.

  FEATURES AND ANALYSIS

January 29, 2021

When is a policy not a policy: Supreme Court on Heathrow expansion

In February 2020, the Court of Appeal decided that the Government policy on airport expansion at Heathrow was unlawful on climate change grounds. The Supreme Court has now reversed this decision. David Hart QC considers this development.
January 28, 2021

Planning case law: Asda Stores v Leeds City Council

Stephanie Hall looks at a recent Court of Appeal judgment which concerns whether paragraph 90 of the NPPF means what it says when it suggests that permission “should be refused” for development having a significant adverse impact on a retail centre.
January 22, 2021

EIAs, end products of development and greenhouse gases

Do Environmental Impact Assessments apply to products derived from a development? David Hart QC looks at a recent case concerning the grant of planning permission for drilling for oil.
January 22, 2021

Use Class C2 or C3? - proceed with care

Sarah Skuse and Dalee Kaur look at a High Court ruling on whether a housing developer's retirement living scheme was classed as a residential institution or a dwelling.
January 21, 2021

Planning case law in 2020: A recap

Matthew Fraser and Heather Sargent look back on most important planning law cases of 2020.
January 15, 2021

One more time - multiple planning permissions

Mark Child analyses a recent Court of Appeal judgment involving a national park authority and what it means for sites with multiple planning permissions and the practice of ‘drop-in’ permissions.
January 10, 2021

A Tale of Two Cities: Different approaches in residential s.78 appeals

Paul G Tucker QC compares the approach and outcome in two appeals with very similar characteristics which give rise to a very different outcome as a result of residential appeals determined at the end of last year.
January 08, 2021

Limiting planning permission to that applied for

The Court of Appeal has confirmed that the use permitted must be limited to that applied for, write Saira Kabir Sheikh QC and Charles Streeten.

  MORE NEWS

Jan 14, 2021

Judge rejects legal challenge to planning permission for ‘extra care’ residential development

The Administrative Court has rejected all five grounds of a challenge to Shropshire Council’s grant of planning permission for housing for older people.
Jan 13, 2021

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims

The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.
Jan 11, 2021

Developer fails in appeal to Planning Inspectorate over £1.6m CIL bill for scheme

A developer has been ordered to pay an extra £500,000 towards local infrastructure after it lost an appeal to the Planning Inspectorate over a £1.6m Community Infrastructure Levy bill.
Jan 07, 2021

Council wins Court of Appeal battle over fate of land subject to statutory trust for recreational purposes

Shropshire Council has won a case in the Court of Appeal over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.
Jan 06, 2021

Divisional Court hands down ruling on requirements for charges under s. 179 TCPA

A Welsh council has won an appeal to the Divisional Court over a ruling that informations it laid under s.179 of the Town and Country Planning Act 1990 were defective.
Jan 04, 2021

Local authority secures compliance with High Court injunction to restore plot of land to open countryside

Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.
Dec 23, 2020

Council defeats legal challenge over environmental impact assessment for oil wells development and assessment of indirect greenhouse gas emissions

A Planning Court judge has dismissed a legal challenge to Surrey County Council’s grant of planning permission for the drilling of four new oil wells.
Dec 23, 2020

National park authority secures interim injunction to prevent unauthorised felling of trees

The New Forest National Park Authority earlier this month (11 December) obtained an interim High Court injunction preventing further unauthorised felling or other works to trees protected by a woodland Tree Preservation Order.
Dec 22, 2020

County facing legal challenge over decision to respond as statutory consultee - in capacity as highways authority - to application for planning permission

The High Court has granted permission to judicially review the decision of Norfolk County Council to formally respond as statutory consultee, in its capacity as highways authority, to an application for planning permission, it has been reported.
Dec 22, 2020

Planning Court judge rejects legal challenge to grant of planning permission for 265-home scheme

A Planning Court judge has dismissed a judicial review challenge to Oldham Metropolitan Borough Council’s grant of outline planning permission for the development of up to 265 dwellings and full planning permission for a new link road.
Dec 22, 2020

Council defeats legal challenge over acceptance of recommendations of examiner of neighbourhood plan

A High Court judge has rejected a housebuilder’s legal challenge to a decision by East Cambridgeshire District Council to accept the recommendations of the examiner in relation to a neighbourhood plan.
Dec 17, 2020

Judge grants council three-year injunction over unlawful encampments

Serious damage resulting from unauthorised traveller encampments has led the High Court to grant a three-year injunction to the London Borough of Redbridge.
Dec 17, 2020

District council secures continuing High Court injunctions over development of land in Green Belt

The High Court has allowed Basildon District Council to continue with two injunctions against both named and unnamed defendants and has added a power of arrest.
Dec 15, 2020

Welsh council wins Divisional Court appeal over whether charges it laid were defective

The Divisional Court has allowed an appeal by a Welsh council after the Crown Court held that charges the local authority laid against four defendants over alleged failures to comply with planning enforcement notices were defective.
Dec 14, 2020

Construction company hit by £600,000 fine over damage to bat breeding site

A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime.
Dec 10, 2020

High Court upholds conviction for failure to comply with enforcement notice despite council losing Article 4 direction

A mislaid Article 4 direction did not invalidate an enforcement notice served by planners at Stoke-on-Trent City Council, the High Court has found.
Dec 09, 2020

Ministry asks Liverpool City Council for information on steps taken to secure effective governance in wake of arrests

The Government has asked Liverpool City Council to provide information on the steps it has taken and proposes to take to secure effective governance, in light of a Merseyside Police investigation which has resulted in the arrest and subsequent release on conditional bail of a number of people including the city’s mayor, Joe Anderson.
Dec 09, 2020

Court quashes grant of planning permission for 73 homes after "misleading" officer’s reports

A High Court judge has quashed the grant of planning permission for 73 dwellings near a heritage asset in Surrey because a planning officer's reports “seriously and materially” misled the council’s planning committee.
Dec 03, 2020

When must an unsuccessful litigant accept "No" for an answer? Court of Appeal hands down latest ruling in long-running planning battle

A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.
Dec 03, 2020

High Court judge warns councils over procedural failings in obtaining injunctions on occupation of land by 'persons unknown'

A High Court judge has questioned “disturbing discoveries” about how councils have used injunctions issued to prevent occupation of land by ‘persons unknown’.
Nov 30, 2020

Court to hear legal challenge to planning definition of Gypsies and Travellers in December

A court will hear a legal challenge on 10 and 11 December over the lawfulness of the government’s planning definition of Gypsies and Travellers, it has been reported.
Nov 26, 2020

Company cannot bring £8m claim over 2006 compulsory purchase, Upper Tribunal rules

A company has lost an attempt to reopen a 14-year-old case involving compulsory purchase by Lancaster City Council.
Nov 26, 2020

Planning Court judge rejects claim report misled committee members

An officer’s report to a planning committee did not mislead members when it failed to mention that Mid Sussex District Council could no longer require a local landowner to sell it a site, the High Court has said.
Nov 25, 2020

Failure to comply with planning enforcement notice sees landlord ordered to pay £260k

A landlord who pleaded guilty to two offences of failing to comply with a planning enforcement notice has been handed a confiscation order of nearly £260,000.
Nov 24, 2020

Law Commission says acceptance of majority of its recommendations by Welsh Government will see "dramatic simplification" of planning law

The Law Commission has hailed the Welsh Government’s acceptance of the majority of its proposed reforms to planning laws in Wales.

  MORE FEATURES

January 08, 2021

When you lose an Article 4 direction

The Administrative Court recently upheld a conviction for failure to comply with an enforcement notice despite the council losing an Article 4 direction. Roderick Morton looks at the lessons to be learned.
December 11, 2020

Prior Approval consents

Beware the limitations and conditions of ‘Prior Approval’ consents, writes Izindi Visagie.
December 04, 2020

Local Plans and SEA material

A challenge to the Harrogate Local Plan succeeded on the narrowest and resolvable point, but failed fundamentally on all other grounds, writes Richard Sagar.
November 27, 2020

The Divisional Court on new permitted development rights

The Divisional Court recently rejected a challenge to radical new permitted development. Gary A Grant summarises the judgment.
November 18, 2020

Section 73 permissions, planning conditions and planning obligations

Four recent decisions have not only decided important points regarding planning conditions, section 73 permissions and section 106 planning obligations but have also provided helpfully a more general consideration of the operation of these two statutory provisions which provided the building blocks leading to the decisions reached, writes Christopher Cant.
November 13, 2020

Planning court – Not so fab four

Richard Harwood QC considers the means of challenging planning and related decisions and suggests possible reforms.
November 13, 2020

Areas of Outstanding Natural Beauty and the exceptional circumstances test

The Planning Court has dismissed a challenge to a decision granting planning permission for relocation of works at a nuclear power station within an area of outstanding natural beauty (AONB). Leanne Buckley-Thomson analyses the ruling.
November 06, 2020

CVP, hybrid, and in-person hearings in the Employment Tribunal

Calling on practical experience, Tom Perry, Naomi Owen, Gemma Roberts & Changez Khan discuss preparing for and conducting Employment Tribunal hearings via the cloud video platform (CVP), hearings in person and hybrid hearings.
November 06, 2020

Enfield London Borough Council v Persons Unknown: Applications for retrospective permission

Justine Soutter looks at the important implications a recent case involving a London borough may have for other local authorities dealing with fly tipping and unauthorised encampments.
November 03, 2020

The LLG Grapevine 3rd November

Deborah Evans, Dennis Hall and Helen McGrath discuss the Planning White Paper, the CQC's Report on Restraint, Segregation and Seclusion, Commercial Property Investment, the Review of Judicial Review, the Longer Term Plans for the Virtual Meeting Provisions, Technology and the Law, The Commission on Race and Ethnic Disparities and Citizens Assemblies.
October 30, 2020

Reconsideration or review?

Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.
October 27, 2020

Rebalancing the housing system

When it comes to building new communities, writes Ian Doolittle, does local authority housing hold the key?
October 22, 2020

Permitted Development: pitfalls

In the fourth in a series of short papers from barristers at Landmark Chambers on key issues arising in permitted development, Kate Olley sets out the pitfalls.
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October 19, 2020

High Court gives green light to judicial review challenge over Kent airport consent

A High Court judge has granted campaigner Jenny Dawes permission to bring a judicial review challenge over the Government’s granting of a development consent order (DCO) for Manston Airport in Kent.
October 15, 2020

Permitted Development: disapplication and loss of permitted development rights

In the third in a series of short papers from Landmark Chambers on key issues arising in permitted development, Robert Walton QC sets out the key issues in relation to the disapplication and loss of permitted development rights.
October 09, 2020

The Planning White Paper

LexisNexis looks at the government's proposals for a ‘whole new planning system for England’ in White Paper published for consultation, alongside interim reforms.
October 08, 2020

The importance of clarity in local authority prosecutions

A council recently lost an appeal over a £200 confiscation order in a housing case when the benefit was said to be several hundreds of thousands of pounds. Gary Pons looks at the reasons why.
September 24, 2020

Planning, the PSED and EIA alternatives

The Court of Appeal has handed down an important planning judgment on the Public Sector Equality and EIA alternatives, writes Charles Streeten.
September 24, 2020

Working with Planning Reform: Part 2

The Government has published its long awaited White Paper Planning for the Future. While we should embrace reform, what are the issues? In the second article in a two-part series the planning law team at Dentons looks at more of the main themes including s.106 agreements, removal of CIL and the consequences for local planning authorities.
September 23, 2020

Extra-Care schemes after the Rectory Homes decision

John Pugh-Smith looks at the potential to avoid further muddle and misunderstanding in relation to Extra-Care schemes, following the High Court's ruling in the Rectory Homes case.