Interpretation of lawful use certificates

Michael Rudd analyses the outcome of a recent case concerning the applicability of the familiar interpretative principles of planning permissions to lawful development certificates. Read more
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  NEWS

Feb 11, 2020

District council defeats judicial review challenge over acceptance of report on neighbourhood plan

A development venture has lost a judicial review challenge over a district council’s decision to accept the report of an examiner into a neighbourhood plan.
Feb 10, 2020

High Court rejects challenge over decision that development at Stansted Airport was not a nationally significant infrastructure project

A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.
Feb 07, 2020

Environmental campaigners get go-ahead for legal challenge to permission for deep coal mine

A campaign group has been granted permission for a judicial review of Cumbria County Council’s decision to allow the first deep coal mine in 30 years in the UK to be built.
Feb 06, 2020

Police to take no action amid council concerns over irregularities in handling of major planning application

Northumbria Police have decided to take no action over allegations concerning Northumberland County Council’s planning department and a proposed garden village.
Feb 06, 2020

Community group launches two judicial review challenges against district council

South Cambridgeshire District Council faces judicial reviews over two planning disputes brought by the same community group.
Feb 05, 2020

Family ordered to pay £160k over “irreparable damage” to scheduled monument

Three individuals found responsible for causing serious damage to a scheduled monument have been ordered to pay a total of £160,000 after being taken to court by Historic England.
Feb 05, 2020

County council wins Supreme Court battle over mineral extraction in Green Belt and “openness”

North Yorkshire County Council has won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt.
Feb 03, 2020

Chancery Lane calls for “more comprehensive review” of different development corporations

The Law Society has called for a more comprehensive review of the roles and functions of the different development corporations, “so that there is clarity as to what they are expected to deliver on and what relationship they have with the local planning authority”.
Jan 31, 2020

Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt

The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.
Jan 24, 2020

District launches judicial review challenge against housing scheme over lack of contribution to extra school places

A district council has launched a legal challenge over a planning inspector’s decision to grant planning permission for a 98-home development in Skipton.

  FEATURES AND ANALYSIS

February 14, 2020

How to be a judge of openness

A county council recently won a Supreme Court appeal over whether, as local planning authority, it properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt. Harriet Townsend looks at the lessons to be learned.
February 14, 2020

We need to talk about Section 73: The Lambeth and Finney cases

Michael Dempsey discusses whether two recent decisions are indicative of something more fundamental about section 73 and how it is used and understood in practice.
February 07, 2020

Green Space borough-wide preventative injunctions: the view from the Court of Appeal

Steven Woolf examines the Court of Appeal's recent decision and guidance on Green Space borough-wide preventative injunctions.
February 07, 2020

Extending prior-approval time limits by agreement

The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.
January 31, 2020

The Epping Forest SAC and grants of planning permission

Permission to bring a legal challenge over a grant of planning permission near the Epping Forest Special Area of Conservation has been rejected. Ashley Bowes explains why.
January 29, 2020

Community Infrastructure Levy reforms and registered providers

Lucy Worrall sets out some practical points for developing registered providers when it comes to the Community Infrastructure Levy.
January 24, 2020

Unincorporated associations and public law claims

A High Court judge has found that unincorporated associations have capacity to bring public law claims. The ruling is potentially of wide application in public law cases, writes Jenny Wigley.
January 24, 2020

Section 73 changes – don’t let the Gremlins in

Roy Pinnock considers recent cases on Section 73 permsisions and examines the power to make non-material changes to planning permissions under section 96A of the Town and Country Planning Act 1990.

  MORE NEWS

Jan 23, 2020

High Court rejects challenge to decision by planning inspector despite errors

An inspector made minor errors when considering a planning dispute in Essex but these were not significant enough to invalidate her decision letter, the High Court has ruled.
Jan 22, 2020

Kings Chambers bolsters planning, personal injury teams with new tenants

Kings Chambers has strengthened its planning and personal injury teams with the arrival of two new tenants.
Jan 21, 2020

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments

The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.
Jan 16, 2020

Resident fails in High Court challenge to planning consent for sand and gravel extraction project

A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.
Jan 15, 2020

Countryside charity fails in legal challenge to grant of planning permission for multiple polytunnels

The Campaign To Protect Rural England (CPRE) has lost an attempt to stop Herefordshire Council’s decision to grant permission for 11 blocks of polytunnels.
Jan 15, 2020

High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan

An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.
Jan 09, 2020

LGA updates guidance for officers and councillors on making planning decisions

The Local Government Association last month issued an updated version of Probity in Planning, its guidance for officers and councillors.
Jan 07, 2020

Threat of judicial review over permission for mixed-use scheme facilitating 23,000-seat football stadium recedes as appeal deadline passes

The deadline has reportedly passed for property investment company Capital & Regional to appeal the High Court's decision to dismiss its application for a judicial review challenge over the grant of planning permission for a mixed-use gateway scheme that would help delivery of a new 23,000-seater stadium for Luton Town Football Club.
Jan 06, 2020

Defendant who claimed to be ‘Freeman of the land’ fined £15k for planning breaches

A resident who claimed to be a ‘Freeman of the land’ has been fined £15,000 for refusing to remove an unlawfully built extension that covered the whole of his back garden.
Jan 03, 2020

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site

The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.
Dec 31, 2019

District council defeats second judicial review challenge over multi-storey car park development

A district council has successfully defended the grant of planning permission to itself for a multi-storey car park and other development on land in a conservation area, having previously lost an earlier judicial review challenge over a similar development.
Dec 30, 2019

Council hit by legal action over planning permission for nuclear site development

East Suffolk Council has been threatened with a judicial review of its decision to grant planning permission for development of a nuclear power site.
Dec 30, 2019

London borough defeats legal challenge over grant of planning permission for major redevelopment

The High Court has this month rejected a legal challenge to Southwark Council’s grant of planning permission for a major redevelopment of a large site that includes the Elephant and Castle Shopping Centre.
Dec 30, 2019

Judge refuses relief despite finding council failed to acquaint itself with legal status of land prior to granting permission for development

Shropshire Council failed to take reasonable steps to acquaint itself with the history and legal status of land off a recreation ground when it granted planning permission for a development of 15 dwellings, a High Court judge has ruled.
Dec 18, 2019

Shoosmiths boosts planning and environment team with partner hire

Law firm Shoosmiths has bolstered its planning and environment team with the hire of David Mathias as a partner from Weightmans.
Dec 18, 2019

Councillor from neighbouring authority fails in bid to obtain legal advice on planning application after Tribunal upholds privilege

The First-tier Tribunal (General Regulatory Chamber) has rejected an appeal lodged against the Information Commissioner by a member of Leeds City Council concerning a planning application for a field adjacent to his ward but in Harrogate Borough Council’s area.
Dec 18, 2019

Campaigners crowd fund legal challenge to permission for car park on stretch of river valley

A campaign group has so far raised £5,845 to try to mount a legal challenge to a planned car park in Canterbury.
Dec 16, 2019

Parish council fails in Court of Appeal claim local planning authority misdirected itself in assessment of housing land supply

The Court of Appeal has rejected a parish council’s claim that Babergh District Council, when assessing the five-year supply of housing land, misdirected itself on the relevant policies in the National Planning Policy Framework (NPPF).
Dec 16, 2019

Council prosecution sees landowners ordered to pay £14k over illegal hostel

The owners of an illegal hostel in Swanley have been ordered to pay £14,000 in fines and costs after being prosecuted for failing to comply with two planning enforcement notices.
Dec 13, 2019

Former planning officer loses Court of Appeal battle over 'protected disclosures'

A former City of Bradford Metropolitan District Council planning officer has lost a Court of Appeal case against the council over protected disclosures that arose in the course of a dispute over a sewer and outbuilding.
Dec 13, 2019

Overlapping planning permissions: which one is valid?

The High Court has recently revisited the principles for determining the validity of overlapping consents. Gary Soloman and Alex Minhinick highlight the key points for landowners, developers and local authorities.
Dec 10, 2019

Borough council sees off statutory challenges to adoption of Local Plan

A Planning Court judge has rejected s.113 statutory challenges brought by two parish councils and a local resident against Guildford Borough Council’s adoption of its Local Plan.
Dec 10, 2019

High Court gives green light to legal challenge over planning permission for development next to Royal Military Canal

A High Court judge has granted campaigners permission to bring a judicial review challenge over Folkestone and Hythe District Council’s (FHDC’s) decision to grant planning permission for development on land adjacent to the Royal Military Canal.
Dec 05, 2019

Council forced to apply for retrospective planning permission for ground source heat pumps after thinking it was unnecessary

Northumberland County Council has had to grant itself retrospective planning permission for three ground source heat pump arrays after realising that it had gone ahead in the mistaken belief that permission was not needed.
Dec 04, 2019

Council obtains injunction to secure affordable housing provision on development site

Shropshire Council has obtained an injunction to secure affordable housing provision on a housing development site, it has been reported.

  MORE FEATURES

January 24, 2020

Agent of change planning appeals

The crossover between the licensing and planning regimes is growing and it is becoming less and less viable to administer either in a watertight compartment, writes Sarah Clover, after she successfully resisted an agent of change planning appeal.
January 24, 2020

Legal privilege and the EIRs

A local authority was recently ordered to disclose legally privileged material under the Environmental Information Regulations 2004. Natasha Stay considers the ruling.
January 17, 2020

A tale of a whistleblower and two hats….

The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.
January 17, 2020

(How) Can Planning Speed Up Delivery? Part 2

In Part 1 of a two-part series, Ralph Kellas considered the expectations and challenges around build out and some of the reforms proposed to address it. He now considers the implications of slow build out for local authorities and what they, and the planning system more broadly, can do to speed up delivery.
January 10, 2020

(How) Can Planning Speed Up Delivery? Part 1

In the first of two articles Ralph Kellas examines the factors behind slow' build out rates and analyses proposed ways to tackle the issue.
January 10, 2020

Elephant, Dove, Old Oak, RICS

It is time to return to fundamentals when it comes to the delivery of social housing, writes Simon Ricketts, as he reviews recent developments in relation to two major projects.
January 10, 2020

Grants of planning permission and consistency

A challenge to a district council’s decision on grounds of consistency was recently rejected. Saira Kabir Sheikh QC looks at the lessons of the case.
January 03, 2020

The St Modwen test and deliverability

The Court of Appeal has clarified the St Modwen test for deliverability, writes Michael Bedford QC.
December 20, 2019

Telephone kiosks, advertising and permitted development rights

The Court of Appeal has handed down a judgment dismissing an appeal over telephone kiosks and permitted development rights. Saira Kabir Sheikh QC explains why.
December 20, 2019

The Guildford Local Plan challenge: key issues for plan-makers

James Findlay QC and Robert Williams examine the High Court's recent dismissal of three statutory challenges to the adoption of the Guildford Local Plan.
December 06, 2019

Climate emergency #3: have you thought about New Housing?

In the latest of a series of articles on how local authorities can respond to a climate emergency, Maxim Laithwaite and David Hutton consider the opportunities provided by new housing?
November 29, 2019

Heads up on 'material considerations'

You really can’t buy a planning permission, the Supreme Court has said. Mark Lowe QC and Estelle Dehon report on a significant ruling in a case involving proposed community donations and the grant of planning permission for a wind turbine.
November 29, 2019

Climate Emergency #2 - have you thought about Planning?

Kathryn Lawrance considers how local authorities can use their planning role to further the climate change agenda.
November 29, 2019

The GPDO and Convention rights

A gliding club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act, writes Jenny Wigley.
November 22, 2019

Implications of the Giordano decision for CIL

A recent Court of Appeal decision in relation to the Community Infrastructure Levy (CIL) has significant implications - and some odd consequences, writes Christopher Cant.
November 22, 2019

Applying heritage policies: levels of harm

A High Court judge has recently issued an important ruling concerning the application of heritage policies. Killian Garvey and Philip Robson examine the outcome.
November 15, 2019

Objectively assessed need within the Local Plan process

The Court of Appeal has dismissed legal challenges to the Waverley Local Plan. Wayne Beglan explains why.
November 08, 2019

Unoccupied properties and immunity from enforcement action

A London borough recently succeeded in an important High Court challenge to the Secretary of State’s approach to immunity from enforcement action. Charles Streeten explains why.
November 01, 2019

Taking into account the impacts and benefits of deliverable schemes

The High Court has allowed a statutory challenge against the Secretary of State’s dismissal of an appeal in relation to a 1,200 dwelling scheme. Christopher Lockhart-Mummery QC and Heather Sargent explain why.
October 29, 2019

The link between planning and HMO licensing

David Smith comments on a recent change made to the Government's guidance for local housing authorities on houses in multiple occupation (HMOs), concerning the relationship between licensing and planning.