High Court clarifies application of presumption in favour in heritage harm case
The High Court has provided further guidance on the application of the presumption in favour of sustainable development (paragraph 14 […]
Planning Appeals
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 […]
Neighbourhood watch
Neighbourhood Planning remains a political priority and is one of the areas for which Planning Policy Guidance has recently been […]
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 […]
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 […]
Court rejects 5 year housing land supply argument in AONB harm case
In Wealden District Council v Secretary of State for the Communities and Local Government [2016] EWHC 246 (Admin), the local […]
Shale on hold?
We noted in January that planning appeals would be important for shale gas exploration this year. Cuadrilla submitted its appeals […]
Inspector’s decisions and the kitchen sink
The recent decision in Villages Action Group v Secretary of State for Communities and Local Government highlights the need to […]
Tip of the iceberg?
The controversy around basement extensions continues. In the same month that barristers’ Chambers Lincolns Inn proposed a subterranean facility and […]
Prematurity back in its box again
The publication of the NPPF in March 2012 raised questions about the approach to prematurity. Refusal on prematurity grounds has […]