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High Court Dismisses Challenge to New Super Prison

The High Court has refused permission to challenge the Secretary of State's decision to grant planning permission for so called 'super prison' on Green Belt land near HMP Garth and HMP Wymott in Lancashire.
July 03, 2025
High Court Dismisses Challenge to New Super Prison

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LGL Red line

Families refusing access to support

Is home a suitable option for residence and care for a vulnerable adult if their family refuses access to support? Sophie Holmes analyses a recent ruling.
Families refusing access to support

Features

LGL Red line

Deploying ‘ADR’ in Planning & Compensation contexts

John Pugh-Smith looks at how these aspects of alternative dispute resolution (ADR) can now be made to work and at different stages of a dispute. Put another way, the “A” in ADR is not just “alternative” but also “adaptable”, “agile” and “accessible”.
July 01, 2025
Deploying ‘ADR’ in Planning & Compensation contexts

Negotiating s106 agreements

Why does negotiating section 106 agreements have to be such a drag? Simon Ricketts looks at the key issues.
Jun 20, 2025
Negotiating s106 agreements

Planning reform to accelerate housing delivery - at what cost?

Chrisa Tsompani examines how the Government’s sweeping planning reforms could reshape every layer of the building sector – from local authorities to small-medium builders, and considers the critical implications for environmental policies.
Jun 11, 2025
Planning reform to accelerate housing delivery - at what cost?

All change: The implications of planning reform upon regeneration projects

There is a considerable amount of legislative and policy change taking place in town and country planning currently. Richard Barlow and Tansy Greer look at some of the key changes which are likely to impact regeneration projects.
Jun 11, 2025
All change: The implications of planning reform upon regeneration projects

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LGL Red line

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 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.

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.

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.

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.

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