The pendulum swings: case comment on David Wylde and Other v Waverley Borough Council (9 March 2017)
A new judicial review case concerning the interface of development agreements, judicial review and public procurement has recently been decided […]
Judicial Review
Neighbourhood Plans First But How Long Will They Last?
Judgment has been handed down in the first Neighbourhood Plan (NP) case to reach the Court of Appeal, reinforcing the […]
Daylight/ Sunlight Error Fatal To Permission
In Watt, R (on the application of) v London Borough of Hackney & Anor [2016] EWHC 1978 (Admin), the High […]
CPO – gentrification or regeneration?
The recent refusal by the Secretary of State to confirm Southwark Council’s CPO for the next phase of the Aylesbury […]
Troubled waters – Equalities Duty and Alternative Sites Failings Fatal
The public sector equality duty under Section 149 of the Equality Act 2010 (PSED) is playing an increasing role in […]
High Court allows relaxed view of needs on appeal
The High Court has adopted a flexible approach to dealing with ‘objectively assessed needs’ (OAN) on a planning appeal in […]
Affordable snakes and ladders on small sites
The judgment in the battle of wills over the Government’s small sites affordable housing and Vacant Building Credit policies has […]
‘Especial speed’ in judicial review
The Court of Appeal’s recent judgment in R(Gerber) v (1) Wiltshire Council and (2) Terraform Power Inc and Norrington Solar […]
Putting the Neighbourhood Plan cart before the Local Plan horse
The Court of Appeal has granted permission for the first Neighbourhood Plan case to be heard by it on appeal. […]
Sun will go down on section 106BA/BC numbers game appeals
We have commented on the initial impact of the changes to the Section 106 regime made by the Growth and Infrastructure […]
Housing and Planning Bill – consents with benefits?
This third part of our Q&A on the Housing and Planning Bill 2015 considers how the Government’s proposed duty to […]
How many mickles to make a muckle? Heritage tests still not well understood
Planning should be about creative judgment and common sense. A recent High Court case (R (Obar Camden Ltd) v London […]