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Planning Case Law Update
Sarah Sutherland and colleagues discuss recent case law in the field of planning law and round off Burges Salmon's 2022 Planning and Compulsory Purchase Webinar series.
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Gas-fired power stations and greenhouse gas emissions
The Court of Appeal recently refused permission for a legal challenge to the Net Zero Teesside development consent order. Hereward Phillpot KC and Isabella Tafur explain why.
Section 106s and yet more reflection
John Pugh-Smith considers not only the “takeaways” from a recent case on publication of draft section 106 agreements, but also reflects on how the litigation could have been avoided or truncated had “ADR” (Alternative Dispute Resolution) been deployed.
Now build
Simon Ricketts looks at the Government’s white paper on speeding up homes being built and its technical consultation on requiring transparency and accountability measures for build out rates on housing sites.
The web of our life is of a mingled yarn, good and ill together (Shakespeare, Macbeth)
A not-for-profit company that built a 460-seat theatre without permission recently lost its appeal against an enforcement notice. Roderick Morton looks at the lessons of the case.
The role of the Nature Restoration Fund
Rohini Vekaria looks at the potential for the Nature Restoration Fund to be another mechanism to help the natural environment without hindering development.
Traveller caravan sites and planning permission
Planning permission was recently refused for a material change of use of land to a gypsy/traveller caravan site despite there being no five-year supply of deliverable pitches or available alternative sites. Mark O’Brien O’Reilly explains why.
As safe as CLEUDs?
A recent decision handed down by Mr Justice Jay underlies the need for caution when relying on a Certificate of Lawfulness of Existing Use or Development (CLEUD), write James Findlay KC and Clare Parry.
Changes to s.106 procedures required to safeguard planning permission
The Court of Appeal has decided that failing to publish a s.106 agreement (or unilateral undertaking or s.278 highway agreement) prior to granting planning permission can render a planning permission granted in reliance on that agreement unlawful. Victoria Searle sets out the actions councils need to take following the ruling.
Time limits and CIL
Christopher Cant looks at the lessons to be learned from a recent judicial review challenge over a council’s decision to issue and serve a CIL (Community Infrastructure Levy) stop notice.
Risk-based planning: cutting through delays in Welsh housing delivery
Alex Madden looks at how Wales can create a more effective planning system.
Publication of s106 planning obligations
The Court of Appeal has recently overturned a High Court ruling and found that the grant of planning permission by Isle of Wight Council for 473 dwellings was unlawful. Charles Streeten and Brendan Brett explain why.
When clear reasons are needed for granting permission
A Planning Court judge recently ruled that the reason given by a council for granting permission against officer advice did not deal adequately with the important principal issues of development in the countryside, sustainability and precedent. Lucy McDonnell looks at the lessons from the judgment.
Picking up the bill
Who is counting the coppers in the race for local nuclear plants? Fraser Sampson and Sue Chadwick look at how the planning system might both assess and mitigate security risks within the current legislative and policy context.
The problem with Biodiversity Net Gain
One year on from new legislation making biodiversity net gain (BNG) a legal requirement for developers, research shows it has delivered less than half the habitat expected. David Richardson looks at what’s holding BNG back.
Take it to the bridge
The High Court recently dismissed a wide-ranging judicial review challenge to the proposed Oxpens Bridge in Oxford. Meyric Lewis KC explains why.
Setting planning fees locally
Nagla Stevens looks at provisions in the Planning and Infrastructure Bill 2025 that will allow local planning authorities to set planning application fees locally.
Recent appeals give colour to Grey Belt development uncertainty
Recent changes to the policy on Green Belt development in the National Planning Policy Framework (NPPF) have led to a string of decisions relating to schemes on grey belt land. Hermione Kemp and Matthew Tucker explore what the changes mean in practice and the implications of the decisions below.
Cider house doesn't rule
Roderick Morton looks at the outcome of a High Court appeal against an enforcement notice on the grounds that the matters said to be a breach of planning control "have not occurred".
Cons & Pros
Simon Ricketts examines the Government’s proposals to reduce the number of statutory consultees in planning decisions and narrow the focus of those that remain.
Materially different developments and enforcement
Craig Howell Williams KC and Mark O’Brien O’Reilly examine the Mast Quay Phase II appeal decision, where an enforcement notice was upheld, and planning permission was granted subject to the making of numerous significant changes to the existing development and the payment of large financial contributions.
Risk v reward: Challenges in modernising the process of determining planning applications
David Richardson examines the Government's proposed reforms to the process of determining planning applications and in particular the suggested introduction of a national scheme of delegation.
Planning reform: development and nature recovery
Stephen Tromans KC and Ned Helme consider the “Planning Reform Working Paper: Development and Nature Recovery” and how the Government’s aims of drastically increasing the rate of housebuilding and infrastructure development can proceed whilst also achieving the equally challenging commitments on net zero and ambitions for nature recovery.
Viva La Devolution!
Perhaps it is more like revolution, certainly rapid evolution, and possibly even in some respects the reverse of devolution, writes Simon Ricketts.
How green can be my development?
John Pugh-Smith looks at the steps needed to address the delivery of biodiversity net gain against the backdrop of the Government’s call for a surge in housebuilding.
NPPF 77 and housing land supply
Josef Cannon KC and Ryan Kohli consider an important High Court case concerning paragraph 77 of the National Planning Policy Framework and housing land supply.
The scope of S73 TCPA and Local Planning Authorities’ general power to impose conditions
Sara Hanrahan and James Burton examine a recent Court of Appeal judgment that clarifies some key points of legal principle concerning restrictions on the use of s.73 of the TCPA (Town and Country Planning Act) and has implications for LPA (Local Planning Authorities)’ power to impose conditions generally.
Applications for a liability order enforcing CIL
Christopher Cant looks at the procedure for enforcing outstanding Community Infrastructure Levy (CIL) liabilities.
Understanding Local Nature Recovery Strategies
Rohini Vekaria considers the role of Local Nature Recovery Strategies (LNRS).
Caravan site PD cannot trump enforcement notice
The Upper Tribunal recently found in a caravan site dispute that the First-Tier Tribunal was not entitled to impose conditions which had the effect of compromising an enforcement notice. Roderick Morton explains why.
Planning powers of local authorities to combat climate change
In this paper Alex Goodman KC considers two cases about the role planning, and specifically local energy efficiency standards, can play in tackling climate change.
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