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July 03, 2025
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.
Jul 01, 2025
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”.
Jun 27, 2025
Local authority enforcement powers and domestic beekeeping
Dan Jacklin provides a detailed analysis of the enforcement powers available to local authorities in relation to domestic beekeeping.
Jun 20, 2025
Negotiating s106 agreements
Why does negotiating section 106 agreements have to be such a drag? Simon Ricketts looks at the key issues.
Jun 11, 2025
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
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
Appropriate assessments and planning committee meetings
Annabel Graham Paul sets out the wider implications of a recent Court of Appeal decision on appropriate assessments in a case involving a national park authority.
Webinars
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.
More features
Jun 11, 2025
Clarity on solar ‘overplanting’
The High Court recently considered the role of a National Policy Statement in an ‘overplanted’ solar farm development with capacity under 50MW. Katherine Evans examines the ruling.
Jun 11, 2025
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.
Jun 06, 2025
Restrictive covenants and practical benefits
The Court of Appeal recently considered whether restrictive covenants in a lease provided the lessor, which was also the planning authority, with practical benefits of substantial value or advantage to it. Lina Mattsson looks at the lessons of the case.
Jun 06, 2025
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.
May 30, 2025
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.
May 14, 2025
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.
May 14, 2025
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.
May 14, 2025
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.
May 09, 2025
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.
May 09, 2025
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.
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