Have We Got Planning News For You (HWGPNFY)

Our Special Guest this week is Baroness Hale of Richmond DBE PC FBA, former President of the Supreme Court serving from 2017 until her retirement in 2020, and serves as a member of the House of Lords as a Lord Temporal.

Decisions of the Week:

• R (oaf Hudson) V Royal Borough of Windsor & Maidenhead, Legoland Windsor Park Ltd [2021] EWCA civ 592 a Court of Appeal decision dismissing an appeal against the decision of Lang J who had rejected a challenge to the Council’s decision to grant permission, contrary to the officer recommendation, for a holiday village in the GB at Legoland. 
• Hertfordshire County Council v Secretary for State for HC&LG [2021] EWHC 1093 a High Court decision confirming that post 6 May 2021 LPAs in England have no powers under the 1972 LGA to meet remotely to determine planning applications & conduct other LG business.
• Decision of the Secretary of State dated 29th April 2021 allowing a recovered appeal against Swale Borough Council’s failure to determine a 2017 hybrid application for a residentially led mixed use scheme of up to 595 dwellings, on land largely allocated for development where no 5 yr HLS could be demonstrated. Swale sought conditions to secure a 50 % reduction in carbon emissions from C3 dwellings. A new link road was judged not to worsen air quality.
• Decision of an inspector dated 26th April 2021 allowing an appeal against the decision of Torbay Council to refuse outline permission for a mixed scheme of up to 373 C3,D1 & A3/A4 uses on land outside the established built up area, not identified in the Brixham Peninsula Neighbourhood Plan. Issues included impact on nearby setting of AONB, reduction of the gap between Galmpton & White Rock, South Hams SAC, setting of CAs. No 5 yr HLS, tilted balance engaged. 

In this episode, we present a rundown of the latest updates to the National Planning Policy Framework announced by Michael Gove on the 19th of December 2023. Episode resources and downloads to documents discussed can be found on our website below.

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This episode is dedicated to the memory and friend of the show, Jonathan Easton KC, who sadly passed away from bowel cancer on the morning of the 2nd of March 2025. Jonathan's family have nominated both St John's Hospice and Bowel Cancer UK as charities to donate to in his memory. If you can spare anything at all to donate to these two wonderful organisations, we would be forever grateful.

St John's Hospice, North Lancashire & South Lakes

Bowel Cancer UK

Our Special Guest this week is Victoria Hills MRTPI FICE and is the Chief Executive of the Royal Town Planning Institute. Victoria is joining us to talk about the new Planning and Infrastructure Bill.

An appeal decision from the Minister of State for Housing and Planning on behalf of the Secretary of State regarding a solar project on land located in Melton Borough Council.

An appeal decision regarding planning permission for 95 dwellings with associated access, parking and landscape; and outline application for 5 self-build plots, with access discharged, on land at 722 Kenilworth Road and land adjacent to Harper Fields Care Home in Balsall Common.

An appeal decision from the Minister of State for Housing and Planning on behalf of the Secretary of State regarding a New Motorway Service area between junctions 7 and 8 of the M56 in Tatton, Cheshire.

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Our Special Guest this week is Duncan Wilson OBE, Chief Executive of Historic England.

Court Judgments of the week

• R (oao Whitehead) v Mid Sussex DC & Gleeson Strategic Land [2020]EWHC 3166 a decision of Mrs Justice Laing dismissing an application for JR of a decision to grant outline permission for up to 500 dwellings, on a strategic site at Copthorne, with no on site G&T provision, but a financial contribution for offsite provision.  
• R (oao Wingfield) v Canterbury City Council & Redrow Homes (South East) [2020] EWCA Civ 1588 a decision of the Court of Appeal under CPR 52.30 (1) refusing to reopen orders refusing permission to appeal against the Council’s decision to grant permission for development on the east side of Canterbury.
• Flaxby Park Ltd v Harrogate BC, Secretary of State for CLG et al [2020] EWHC 3204,a decision of Mr Justice Holgate on a section 113 local plan challenge to policy DM4 identifying Green Hammerton/Cattal as a broad location for a new settlement based on failures to comply with the SEA Directive.

Decision of the week

An inspector’s decision 25th November 2020 allowing an appeal against the refusal by a waste authority to grant permission on a section 73 application to increase throughout of green waste from 8,000 to 23,500 tonnes per annum at Blackbirds Lane, Aldenham, Hertfordshire.

Plus “Praise of the Week” and “Nudge of the Week”

This week we are joined by special guest Bridget Rosewell CBE.

RTPI are a leading membership organisation and a Chartered Institute responsible for maintaining professional standards and accrediting world class planning courses nationally and internationally.

This extra episode with Special Guest Laura Archer, Chair of the Young Planners was recorded for the RTPI Young Planners Conference and originally aired on the 11th of November 2020.

#YPConf20 

Our Special Guest James Stevens is Director for Cities at the Home Builders Federation to discuss changes to Nutrient Neutrality Policy.

Full episode resources including downloads can be found on our website.

Our Very Special Guest this week is Simon Gallagher, Director of Planning at MHCLG. Simon is leading the civil service in the Ministry in respect of the Planning White Paper and the consultation on the Changes to the Current Planning System.

Court Judgments of the Week

• Norfolk Homes V North Norfolk DC [2020] EWHC 2265 a decision of Holgate J confirming that a planning permission granted pursuant to section 73 was not subject to a section 106 obligation which governed the original no longer extant permission.
• Gathercole V Suffolk CC [2020] EWCA Civ 1179 a decision of the Court of Appeal dismissing an appeal upholding the County Council’s grant of permission for a new primary school despite a failure to have due regard to the public sector equality duty under section 149 of the Equality Act 2010 in respect of the effect of aircraft noise on children with protected characteristics.

Appeals of the Week

• Successful appeal by Retirement Villages & Nottcuts Ltd for a 84 unit C2 facility against decision of Mid Sussex dated 11 September 2020 in circumstances where the proposal was contrary to the recently adopted Mid-Sussex Local Plan and the most important policies were judged up to date
• Highthorn a Secretary of State redetermination of a mineral appeal whereby, contrary to the inspector’s recommendation, the appeal was dismissed. This raises issues around the Government’s Clean Growth Strategy, the application of footnote 65 to [205] & [211 (b)] of NPPF, the need for coal as well as less than substantial harm to heritage assets.

This week, our special guest is Tony Juniper CBE, campaigner, writer, sustainability adviser, well-known British environmentalist and Chair of Natural England.

Decisions of the Week:

• R (oao Ocado Retail Ltd) v London Borough of Islington [2021] EWHC 1509. A decision of Mr Justice Holgate dismissing a claim for JR seeking to quash a decision to revoke a CLEUD pursuant to section 193 (7) of TCPA 1990 originally granted on the basis of a breach of condition exceeding 10 years.
• R (oao Wyatt) v Fareham Borough Council [2021] EWHC 1434. A decision of Mr Justice Jay dismissing a claim for judicial review of the decision to grant planning  a permission based on detailed criticisms of the OR including an allegation that NE’s Advice Note with regard to Reg 63 Hab Reg did not meet the required standard of certainty under the Habitats Directive
• Decision of an Inspector dated 8th June 2021 allowing Renaissance Retirement Ltd’s appeal against the decision of New Forest District Council to refuse an application for planning permission for the redevelopment of land for 44 sheltered apartments for the elderly based on the impacts on heritage assets and the character and appearance of the area.
• Decision of an Inspector: Colney Heath is an appeal allowed for 100 houses in a greenfield Green Belt site which is not even a draft allocation in an emerging (or even an abandoned) local plan. 45% affordable housing and 10% self build. The Inspector found no harm to the encroachment to the countryside.

Our Special Guest this week is Marc Van Grieken MSc FLI, Landscape Architect, Chair of the Landscape Institute’s Technical Committee.

Decisions of the Week:

• Decision of Minister for Housing dated 7th June 2022 dismissing a recovered appeal by Island Gas Ltd, in accordance with the inspector’s recommendation, for drilling & testing of hydrocarbons at EP1 Well at Ellesmere Port Wellsite, Cheshire raising questions around energy, shale gas & climate change policy, WMSs & NPPF, effects on mental health.   
• Decision of an inspector dated 13 June 2022 allowing an appeal by David Wilson Homes against the refusal of Charnwood Borough Council for 170 dwellings & granting outline permission on open arable land on the southern edge of Sileby, a service centre. No 5 yr HLS, NPPF 11(d) applicable, emerging local plan, loss of BMV, impact on character & appearance.
• Decision of an inspector dated 14 June 2022 dismissing an appeal by a landowner against the decision of Mansfield District Council to refuse permission for up to 204 dwellings on greenfield land raising issues around ecology & biodiversity in particular nature conservation & support for Priority Habitats & Species and BNG.
• Decision of an inspector dated 15th June 2022 allowing an appeal against the decision of North Somerset Council for up to 100 dwellings on land adjoining but outside the settlement boundary, occupied by agricultural buildings & one house at Yatton, a service centre near Bristol. Neighbourhood plan, issues around 5 yr HLS, emerging now local plan, location & scale of development, impact on ecology & biodiversity & Grampian conditions.

Our Special Guest this week is Councillor Linda Haysey, Leader of East Hertfordshire District Council.

Decisions of the Week:

• Decision of an inspector dated 8 March allowing an appeal on land at Little Chalfont, Amersham against the decision of Buckingham Council to refuse outline permission for C3 affordable, custom build and retirement homes together with a C2 care home on land in the Green Belt. VSC demonstrated.

• Decision of an inspector dated 13 March on land outside the settlement boundary at Grove, dismissing an appeal against the refusal of the Vale of White Horse DC to grant permission for a residential scheme of up to 300 C3 homes; issues re impact on countryside & landscape and which figure to use to calculate 5 yr HLS, LHN of 636 or a higher local plan figure.
• Decision of an inspector dated 10 March 2023 dismissing an appeal against the decision of Maidstone BC to refuse outline permission for approximately 109 homes on a greenfield site, 130 m beyond the settlement boundary at Ashford Road, Harrietsham. The inspector refused to entertain an alternative scheme for 86 dwellings, designed to overcome landscape issues. Issues around suitability of the appeal site, impact on character and appearance & weight to be given to most important development plan policies given an out-of-date housing requirement.
• Decision of an inspector dated 9 March dismissing an appeal against the decision of Wokingham BC to refuse outline permission for approximately 200 homes on greenfield land abutting but outside the settlement boundary at Hurst Reading issues re compliance with the development plan, impact on trees & hedgerows, BMV agricultural land, sustainable location & impact on countryside & landscape, highway safety.

This week our special guest is Nigel Jones BSc FRICS ACIArb, a director of Chesters Harcourt based in Yeovil, Somerset, who sat on the RICS Panel on Financial Viability and acted as an Assessor on viability for PINS.

The New National Planning Policy Framework (NPPF) is out now! We cover key changes to Housing, Economic Provisions, Green Belt and Grey Belt, Development Plans, Flooding, Climate Change and many other things!

The new Framework along with other resources, is available for download and viewing on our website by clicking here.

This episode is also very important for another reason. We are saying goodbye to the wonderful Mary Cook, who is passing on the torch to Thea Osmund-Smith, who will join us as a permanent panellist in 2025 and beyond. From all of us here at Have We Got Planning News For You, thank you so much for making the show what it is today.

Have We Got Planning News for You is a light-hearted review of the month's latest developments by five barristers from across the Planning Bar: Paul Tucker KC, Mary Cook, Sasha White KC, Charles Banner KC, Thea Osmund-Smith and Christopher Young KC.

Visit our Website: hwgpnfy.com

#HWGPNFY #NPPF #NPPF2024

Our Special Guest this week is Joanna Averley, Chief Planner for the Department for Levelling Up, Housing and Communities. Joanna is a planner who has worked across all aspect of the town planning, regeneration, built environment and development process. She has worked in consultancy, charity and as a government adviser.

Decisions of the Week:

• Decision of the Court of Appeal in R(oaf Blacker) v Chelmsford City Council [2023] EWCA Civ 25 dated 17th January 2023 dismissing an appeal against the decision of Mrs Justice Thornton who declined to quash a decision granting outline planning permission for housing on a part PDL /greenfield site in Roxwell. First resolution minded to grant but at a second meeting the decision was to refuse. Issues of inconsistency raised.
  
• A Minded to Grant Decision made on behalf of the Secretary of State dated 19th January 2023 giving the applicant, the Ministry of Justice, time to provide further evidence to address highway issues identified by the inspector, recommending refusal of the appeal against the dismissal by Chorley Borough Council of a hybrid application for a new prison on land adjacent to HMP Garth & HMP Wymott, Leyland, Lancashire in the Green Belt.
  
• Decision of an inspector dated 9th January 2023 allowing an appeal by Ainscough Strategic Land against the decision of West Oxfordshire DC to refuse an outline application for up to 120 dwellings on greenfield land at Witney Road, Ducklington. Land said to be in a gap between Ducklington and Witney, impact on landscape character and setting of conservation area, no 5 yr HLS. NPPF 202 exercise engaged.
  
• Decision of an inspector dated 18th January 2023 dismissing an appeal by Senior Living (Freelands) Ltd against the decision of West Oxfordshire DC to refuse an outline application for up to 160 C2 extra care units & retention of veterinary practice in Coach House on a 4.3 ha site in the grounds of Freeland House, a NDHA and itself in use as a Care Home.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Our Special Guest this week is Stephen Hunt MRTPI, Head of Planning & Development Management, East Riding of Yorkshire Council whose Local Plan won the Planning Award for plan-making.

Court Judgments of the Week

• Ikram v Secretary of State HC&LG & Hussain  & others V London Brent BC [2021] EWCA Civ 2  two related decisions of the Court of Appeal dismissing appeals from decisions of Lang J by which she granted a statutory application to quash a planning permission and a claim for judicial review of the decision by the inspector to quash and enforcement notice; issues around the use of an obligation to correct  errors made in a decision to grant permission for a mixed use for residential and community centre/place of worship.
• Finch V Surrey CC, Horse Hill Developments & Secretary of State HC&LG  & Friends of the Earth [2020] EWHC 3559  a claim for JR raising the question whether an ES requires an assessment of the greenhouse gases emissions from the use of an end product said to have originated from that development. 

Decisions of the Week

• An inspector’s decision dated 7 January 2021 dismissing an appeal for 195 C3 homes on St Johns Nursery site in Clacton On Sea against Tendring District Council’s refusal, raising issues around highways & impact on character & appearance, applying an ordinary planning balance.
• An inspector’s decision dated 15th January 2021 allowing an appeal for the demolition of 70 ex National Coal Board “Airey houses” made of  pre-cast concrete C3 units and erection of 70 new C3 units in Oulton against Leeds City Council’s refusal; raising the PSED under section 149 of the Equality Act 2010, viability of refurbishment & repair and impacts on the community & non designated heritage assets.

Plus “Praise of the Week” and “Nudge of the Week”

Our Special Guest this week is Phill Bamford, Policy Director at the Land, Planning & Development Federation. Also featuring, standing in for Charlie Banner this week, is Thea Osmund-Smith from No.5 Chambers.

Latest News Updates on planning related matters.

• A decision of the High Court dated 3rd October 2024 in Farnham Town Council   v Secretary of State for LUH&C, Wates Developments Ltd et al. [2024] EWHC 2458 (Admin), on a S288 statutory challenge to the grant of planning permission allowed on appeal where service of proceedings was late. Did the court have power to extend time and if so, should it?

• A decision of an inspector dated 30th September 2024 allowing an appeal by Terra Strategic against the decision of Wiltshire Council to refuse an application for outline planning permission for up to 53 dwellings on land to the west of Semington road, Melksham.

• A decision of the Secretary of State for Transport dated 4th October 2024 granting Associated British Ports application for a development consent order for the Immingham Eastern Ro-Ro Terminal under the Planning Act 2008 comprising three berths and associated landside works, storage areas, terminal buildings and a road bridge on the Humber Estuary/river within the administrative area of North Lincolnshire Council in accordance with the examining inspectors’ recommendation.

Visit our Website: ⁠hwgpnfy.com⁠

#HWGPNFY

We barely knew what we were doing, but it was brilliant fun!

Have We Got Planning News for You is a light- hearted review of the week’s latest developments by five barristers from across the Planning Bar: Paul Tucker QC, Mary Cook, Sasha White QC, Charles Banner QC and Christopher Young QC. We five friends from different chambers/firms have decided to come together during COVID-19 to do a weekly 45-minute show about the latest legal, policy and other news & decisions in the world of planning.

This week, we're joined by Paul Barnard MBE MRTPI, Service Director for Strategic Planning and Infrastructure at Plymouth City Council.

Decisions of the Week:

• R (oao Park Lane Homes) v Rother District Council et anor [2022] EWHC 485 (Admin) a decision of the High Court dismissing a challenge to Council’s decision to accept the recommendations of the examiner into the draft Burwash Neighbourhood Development Plan and to proceed to a neighbourhood planning referendum.
  
• Decision of an inspector dated 9th March allowing an appeal by Summix FRB Developments Ltd against the refusal of Bristol City Council to grant permission for a development of four buildings for flexible commercial floorspace, part 5,7,8 & 14 stories for B1, B8 and sui generis student related uses including 595 bedspaces in flood zone 3a. 
  
• Decision of an inspector dated 8th March 2022 allowing an appeal by Bloor Homes & al on a 26 ha allocated green field site against the refusal of Rochford District Council to grant an outline permission for the demolition of two properties to form access onto Ashingdon Road for 662 new dwellings, in circumstances where there was no 5 yr HLS.
  
• Decision of an inspector dated 7th March 2022 dismissing two appeals by Dunmoore Properties Ltd for permission for up to 30 dwellings on greenfield land on the edge of Pewsey, one refused & one not determined by Wiltshire Council. Issues relating to impact on AONB, mixed & balanced communities & compliance with the development plan.

Our Special Guest this week is Liz Peace CBE, Chair of the Old Oak and Park Royal Development Corporation (OPDC)

Decisions of the Week:

• Decision of an inspector dated 22 April 2022 allowing an appeal by Welbeck Strategic Land against the decision of Chichester  District Council to refuse permission for an outline application for 70 dwellings on an unallocated site with issues around 5 yr HLS, effects on the character & appearance & accessibility to services & employment.
  
• Decision of the Housing Minister dated 6 May 2022 allowing an appeal by Bloor Homes & Sandleford Farm Partnership against the decision West Berks DC to grant permission, recovered by the SoS under section 79 for up to 1000 homes, 80 C3 units, a new 2FE primary school, expansion land for an Academy, local centre, new country park and access on an allocated site. Issues around access & compliance with development plan & SPD policies, conditions v 106 obligation.
  
• Decision of an inspector dated 3rd May 2022 allowing an appeal by Extra MSA Group against the decision of Warrington Borough Council to refuse permission for an MSA including a 100 bed hotel, fuel & electric charging station at J11 of the M62 in the GB, agreed to be inappropriate development. VSC found.
  
• Decision of an inspector dated 27 April 2022 allowing an appeal by Persimmon Homes against the decision of North Somerset Council to refuse permission for 60 dwellings on land north-east of Yatton on allocated land with access via an unallocated orchard with TPOs, raising issuing on impact on character & appearance of former orchard, biodiversity, and consistency with the development plan landscape.

Our Special Guest this week is Richard Bacon, the MP who brought forward a Private Members Bill that became the Self-build and Custom Housebuilding Act.

Planning decisions of the week

• An inspector’s decision 2nd December dismissing an appeal against the refusal of Bedford Borough Council to grant permission for up to 400 homes on a site outside the urban core, with issues about HLS & NPPF para 11, impact on the setting of a SAM & heritage assets, archaeology, BMV.
• An inspector’s decision 25th November allowing an appeal for 50 homes at Finchingfield, against the refusal of Braintree District Council on a site outside the ancient village with listed buildings and beyond the conservation area, issues about impact on the countryside but no 5 year HLS.
• An inspector’s decision 3rdDecember dismissing an appeal against the refusal of the London Borough of Wandsworth to grant permission for a mixed use scheme of  four blocks four storeys high on employment land raising issues about the effect of development on the living conditions of neighbouring residential properties, effects on a Conservation Area & locally listed building.   
• An inspector’s decision 3rd December dismissing an appeal for 25 homes against Central Bedfordshire Council’s decision on a site outside the settlement envelope of Haynes, a Large Village, impacts on character & appearance of the countryside, designated heritage assets & a pre NPPF development plan.

Plus “Praise of the Week” and “Nudge of the Week”

This week we are joined for a second time by Joanna Averley, Chief Planner at the Department of Levelling Up, Housing and Communities.

Decisions of the Week:

• Decision of Lang J dated 19 May 2022 in R oao Suliman V a Bournemouth, Christchurch & Poole Council & Aster Group [2022] EWHC 1196 a challenge to the grant of conditional planning permission focused on the lawfulness of a condition & legitimate expectation.
  
• Decision of an inspector dated 17 May 2022 allowing an appeal by against the decision South Somerset DC to grant permission on two fields north of Ansford & Castle Carey, for 200 dwellings ( 70 affordable & 130 open market) with associated highways, drainage & landscape. Issues around impact on character & appearance, HLS, the effect on phosphate & suitability of the site falling outside the defined direction of growth.
  
• Decision of an inspector dated 16th May 2022 dismissing an appeal by Southern Housing Group Ltd against the decision of the London Legacy Development Corporation to refuse permission for phase 3 of a residentially led mixed use development including a 26-storey tower within Bow River Village raising heritage & design issues, mix & impacts on character & appearance of the, utility of proposed private & public amenity space & amenities of existing residents.
  
• Decision of an inspector dated 17th May 2022 allowing an appeal by Fusion Manchester Devco  against the decision of Manchester City Council to refuse permission for a 28 storey PBSA for 534 students on a vacant site at Deansgate, raising issuing on need, impact on character & appearance, DHA, on amenities of nearby residents & wind microclimate at street level and consistency with the development plan.

This week, we’re joined by special guest Sue Manns FRTPI FRGS FRSA, President of the Royal Town Planning Institute 2020.

We will not be joined by Charles Banner QC of Keating Chambers this week, as he and his wife will be in the delivery suite. Everyone at HWGPNFY wish to pass on to Charlie and Tetyana and their daughter Kathleen all of their love and best wishes; and would invite Charlie to know that this is only free pass that you get!

Our returning Special Guest this week for our 100th episode is Rob Rinder MBE, barrister, host of the ITV’s Good Morning Britain and Judge Rinder.

Latest News Update on planning related matters.

• Decision of an inspector dated 24th May 2024 dismissing an appeal by The Cathedral Church of the Holy Spirit & Vivid Housing Ltd against the decision of Guildford Borough Council to refuse planning permission for the development of 124 homes on a site largely allocated for residential development via policy A15; main issue-effect on heritage assets with reference to design and landscape context.

• Decision of an inspector dated 24th May 2024 allowing an appeal made by Cala Homes (Cotswolds) Ltd against the failure of Warwick DC to determine an application for outline permission for up to 83 homes including AH, access, internal roads & footpaths, POS & landscaping, drainage on land at Warwickshire Police HQ, Woodcote lane, Leek Wootton on land forming part of a wider housing allocation. Main issues around effect of proposal on CA & NDHA, highway safety & compliance with development plan policy.

• Decision of an inspector dated 24th May 2024 allowing an appeal by Taylor Wimpey UK Homes Ltd against the failure of Guildford BC to determine a full application for highway works and an outline application for phased development of up to 1,730 C3 homes, 8 G&T pitches, 100 c2 homes, a local centre, employment, primary & secondary schools & green infrastructure, on an allocated site at the former Wisley Airfield. Multiple costs applications.

This week, we’re joined by Sir Robert Neill MP. Member of Parliament for Bromley & Chislehurst and Chair of the Justice Committee.

• Latest News Update on Spelthorne, Lib Dems on housing targets & Greenwich Council’s decision on Mast Quay Towers.

• Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 21st September 2023 dismissing two appeals against non-determination by the London Borough of Southwark to grant planning permission for either of two schemes for the redevelopment of New City Court, 4-26 St Thomas Street; one for a 37-storey scheme, the other for a 26-storey scheme, on account of their LTSH on numerous designated heritage assets. NPPF 202 balance not favourable to appellant.

• Decision of an inspector dated 18th September 2023 allowing Metis Homes Ltd’s appeal for planning permission for 103 dwellings & a children’s nursery against the non-determination by Chichester District Council on a site beyond the settlement boundary at Nutbourne, Chichester in the context of no 5 yr HLS, an emerging local plan and issues around infrastructure including a bespoke nutrient neutrality mitigation scheme.

• Decision of an inspector dated 26th September allowing an appeal by Vedose Ltd against the refusal by Watford Borough Council to grant permission for a mixed use development of 247 build to rent homes and Class E floorspace in a building ranging from 5 to 24 storeys in height at 50 Clarendon Road, Watford, issues around loss of employment floorspace, impact on character & appearance & adequacy of living conditions.

Our Special Guest this week is Professor Samer Bagaeen BSc MSc MBA PhD MRTPI FRICS, Professor of Planning & Resilient Systems at the University of Kent.

• Decision of the Supreme Court dated 20 June 2024 in R (Finch) v Surrey County Council [2024] UKSC 20, about the necessary scope of an environmental impact assessment in respect of downstream greenhouse gas and scope 3 emissions.

• Decision of the Welsh Cabinet Secretary for Housing, Local Government & Planning dated 14 June 2024 granting planning permission for a proposed windfarm development by Pennant Walters Ltd judged to be of national significance in accordance with S62D of the TCPA 1990. Issues around harm to historic landscape, impacts on ecology and whether any harm would be outweighed by benefits to CC and energy security.

• Decision of an inspector dated 11th June 2024 allowing an appeal by North Lambeth Holding BV against the refusal of the London Borough of Lambeth to grant planning permission for a 15-storey building – a tall building-on a largely empty gap site, at 79-87 Westminster Bridge Road, not identified within any development plan as a site suitable for tall buildings.

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This week we are joined by very special guest Sarah Richards, CEO of The Planning Inspectorate.

Our Special Guest this week is Jason Prior, Chief Executive of Prior + Partners, whose projects include the 2012 London Olympics, Rio 2016, Google's California Campus and a new city in Saudi Arabia.

A Decision of the High Court involving the National Farmers Union, Herefordshire Council, The Secretary of State for Levelling Up, Housing and Communities and River Action UK relating to challenging the lawfulness of policy W3 of the Herefordshire Minerals and Waste Local Plan (“MWLP”). Policy W3 refers to Agricultural waste management, including for livestock units.

A Decision of the Court of Appeal relating to the objection of a proposed construction of a 15-meter-high mobile phone mast by Cignal Infrastructure Limited on behalf of the mobile network operator Three, on a site located within Cheltenham’s Central Conservation area.

An Appeal Decision regarding a proposed development of up to 190 homes by Persimmon Homes Severn Valley on Land at Rectory Farm North, Chescombe Road, Yatton. The 190 homes are comprised of flats, semi-detatched, detatched and terraced housing with 50% of them being affordable.

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Court Judgment of the Week:

Abbotskerswell Parish Council v Secretary of State for HC&LG the Court of Appeal decision due this week on an appeal against a decision of Lang J who dismissed the challenge to the decision 10 grant permission for a mixed use scheme of up to 1200 homes at Woolnough Barton in Teignbridge DC raising EIA, Habitats & Climate Change issues.

Decisions of the Week:

• Shorefield Country Park, Downton, a decision of 23rd February dismissing an appeal against New Forest DC’s refusal to grant a CLEUD to carry out operational development associated with the relocation caravans alleged to be permitted development under Class B of Part 5 in Sch 2, raising issues about the relationship between site licences & permitted development rights. 
• Sandringham Road, Didcot a decision of 26 February dismissing an appeal by A2 Dominion Developments against the failure of South Oxfordshire DC to determine an application for up to 325 homes in the AONB, a valued landscape and unallocated, but within the master plan boundary of Didcot Town & GV.
• Moorthorpe Way, Sheffield decision of 7 March allowing an appeal by Avant Homes seeking planning permission for 72 new homes on land allocated for development; raising issues about a lack of comprehensive development, making efficient use of land, impacts on ecology, character & appearance & the location of affordable housing.

This week we are joined by a very special guest Simon Gallagher, Director of Planning at the Ministry of Housing, Communities and Local Government (MHCLG).

Our Special Guest this week is Michael Meadows, Head of Planning & Public Affairs at British Land.

Latest News Update on planning related matters.

• Decision of an inspector dated 6th November 2023 allowing an appeal by Trenport East Hall Park Ltd against the failure of Swale BC to determine an application for planning permission for up to 380 new homes (incl. AH) & 450 sq m of Class E/F on land west of Church Road, Tonge, Sittingbourne on land allocated for mixed use account in the context of a lack of HLS, in an area already suffering from a degree of traffic congestion; impacts on heritage & landscape character & SPA alleged.

• Decision of an inspector dated 6th November 2023 dismissing an appeal against the refusal of Cotswold DC to grant planning permission for a new secure roadside truck stop facility including associated HGV & car parking, drivers facilities building, access & servicing within the Cotswold AONB. Agreed to be major development, NPPF 177 applied, Strategic Road Network Circular 01/2022 considered.

• Decision of an inspector dated 9th November 2023 allowing an appeal by David Wilson Barratt Homes for planning permission for 300 dwellings (90 AH), community hall, POS, associated works & two accesses from the A259 (one temporary for construction) access off the B2102, at land north of Highgrove Farm, Bosham against the non-determination by Chichester District Council on an unallocated site beyond the settlement boundary, in the context of no 5 yr HLS, issues around effects on SPA & SAC, AONB & highways infrastructure on A27.

Our returning Special Guest this week is Catriona Riddell FRPTI, Director of Catriona Riddell & Associates Ltd.

• Decision of the High Court dated 13th September 2024 in Friends of the Earth and South Lakeland Action on Climate Change v Secretary of State et al [2024] EWHC 2349 (Admin), a successful challenge to the grant of permission for an underground coal mine at Whitehaven, Cumbria applying the recent Supreme Court case, Finch about the necessary scope of an environmental impact assessment in respect of downstream greenhouse gas and scope 3 emissions.

• Decision of the Secretary for Energy Security and Net Zero dated 12th September 2024 granting National Grid Electricity Transmission PLC’s application for a DCO for the Bramford to Twinstead Reinforcement Project under section 114 of the Planning Act 2008, largely in accordance with the examining inspector’s recommendation.

• Decision of an inspector dated 11th September 2024 dismissing an appeal by Taylor Wimpey UK Ltd against the failure of Buckingham Council to determine an application for a hybrid planning permission for phased development on land at Gomm Valley, Gomm Road, High Wycombe, comprising a detailed element for vehicular access, open space, ecological enhancements & 79 homes, and outline element for up to 461 units, a IFE primary school & early years, and employment land including access, open space and ecological enhancements.

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Our Special Guest this week is Nigel Appleton MA (Cantab), Executive Chairman Contact Consulting (Oxford) Ltd who focuses on the housing needs of older people.

Decisions of the Month:

• Decision of the Court of Appeal in London Borough of Barking & Dagenham et al v Persons Unknown [2022] EWCA Civ 13 dated 13th January 2022 allowing an appeal & clarifying that the court can grant final injunctions that prevent person unknown from occupying and trespassing on local authority land.
• Decision of Mr Justice Lane dated 7th January 2022 R (oao Ashchurch PC) v  Tewkesbury BC [2022] EWHC 16, dismissing a challenge to the grant of permission of a road bridge over the Bristol to Birmingham mainline railway based on alleged irrationality, an unlawful negative screening opinion and bias.
• Decision of an inspector dated 11th January 2022 allowing a full an appeal against the refusal of Waverley BC of an application for the erection of 99 C3 dwellings (30%AH) & associated highways and landscaping on land outside but adjoining the settlement boundary, raising issues of principle, impact on character & appearance and 5 yr HLS.
• Decision of an inspector dated 10th January 2022 allowing an appeal against the refusal of Fareham BC to grant permission for 206 dwellings on an unallocated green field site in the agreed absence of a 5 yr HLS , based on impacts on biodiversity of the Solent & New Forest Protected Sites& the effect of landscape character & appearance.

In this special episode of Have We Got Planning News For You, we discuss the new RICS Guidance Note on Financial Viability in Planning, with its lead author Professor Neil Crosby.

Have We Got Planning News for You is a light-hearted review of the week's latest developments by five barristers from across the Planning Bar: Paul Tucker QC, Mary Cook, Sasha White QC, Charles Banner QC and Christopher Young QC.

We five friends from different chambers/firms have decided to come together during COVID-19 to do a weekly hour-long show about the latest legal, policy and other news & decisions in the world of planning.

Our Special Guest this week is Tom Dobson, Managing Director of Quod Planning.

Decisions of the Week:

• London Historic Parks & Garden Trust v Minster of State for Housing et al[2022] EWHC 829 (Admin) the decision of Thornton J quashing the Minister’s decision to grant permssion for the UK Holocaust Memorial Centre in Victoria Tower Gardens, Millbank due a failure to grapple with the London County Council’s (Improvements) Act 1900.
• Decision of the Housing Minister dated 13 April 2022 allowing planning and listed building consent applications by Feeder Estates LLP, made to Bristol CC, called in by the SoS under section 77 for a significant R&D, 367 homes and 1,600  pupil secondary school on a 4.2 ha site east of Temple Meads station, raising issues on impact on flood risk, heritage assets, compliance with the development plan & overall planning balance. 
• Decision of Secretary of State for Transport dated 21st April 2022 granting development consent under the 2008 Planning Act for Highways England for the M54 to M6 Link Road, replacing J1 of the M54 with a new junction & dual carriageway to M6 J11, in accordance with the examining inspector’s recommendation taking account of the National Networks National Policy Statement and significant economic benefits and overall improvements to air quality.
• Decision of an inspector dated 12 April 2022 allowing an appeal by Rainier Developments against the decision of Mid Sussex District Council to refuse permission for a 64 bed C2 home on an unallocated site raising issues on impact on character & appearance & landscape, sustainable travel & the need for this type of housing.

Our Special Guest this week is Tim Crawshaw MA MRTPI FRSA, President of the Royal Town Planning Institute.

Decisions of the Week:

• Whitley Parish Council v North Yorkshire County Council et al. [2022] EWHC 238 (Admin) a decision of the High Court dismissing a challenge to the conditional grant of permission for EIA development to allow extraction of pulverised fuel ash over 25 years including site restoration based on criticisms of the officer report.
• Decision of an inspector dated 7th February 2022 allowing an appeal against the refusal of Medway Council of an outline application for EIA development comprising the erection of up to 800 C3 dwellings, primary school & GP surgery & associated highways and landscaping on unallocated arable fields designated as an Area of Local Landscape Importance, in the setting of Kent Downs AONB, on the urban edge of Chatham, with no 5 yr HLS.
• Decision of an inspector dated 11th February 2022 allowing an appeal by Persimmon against the refusal of East Cambridgeshire to grant permission for up to 175 homes & associated infrastructure on a site on the edge of Soham, a settlement identified as location for growth in a 2015 local plan. 5Yr HLS available, but HDT suggested past poor delivery.
• Decision of an inspector dated 10th February 2022 dismissing an appeal against the refusal of Mendip District Council to grant Gladman’s permission for 95 homes & associated infrastructure on a site outside the development limits of Chilcompton, a settlement not identified as location for growth in a 2014 strategic local plan nor the recently adopted local plan allocating sites. No 5Yr HLS available using SM.

Court Judgments of the Week

• Gluck v Secretary of State HC&LG & Crawley BC [2020] EWCA Civ 1756 a decision of the Court of Appeal dismissing an appeal of the decision of Holgate J who had decided that the 56-day period for prior approval in paragraph W(11) of part 3 of schedule 2 to the GPDO 2015 could be extended by agreement.
• R (Hewitt)V Oldham Metropolitan Borough Council & Russell Homes (UK) Ltd [2020] EWHC 3405 a claim for JR by a local councillor against the grant of a planning permission in the context of the application of NPPF  11(d)(ii), 196, harm to a valued landscape and consistency in decision-making.
• Swale Borough Council v Secretary of State HC&LG & Attwood & Partners [2020] EWHC 3482 an unsuccessful challenge to a decision awarding costs to an appellant in respect of issues relating to affordable housing & highways.

Decision of the Week

Bellway Homes vs Maidstone Borough Council regarding planning permission granted for residential development for 421 dwellings with associated access, infrastructure, drainage, open space and landscaping at Land West of Church Road, Otham, Kent ME15 8SBin accordance with the terms of the application, Ref 19/506182/FULL dated 6 December 2019.

“Nudge of the week” and “Champion of the Week”

Our Special Guest this week is with Dr Sue Young, Head of Land Use Planning for The Wildlife Trusts.

Decisions of the Week

• Decision of an inspector dated 14 June 2023 relating to land at Parrs Wood Lane, East Didsbury, allowing an appeal by Dandara Living Development Ltd against the refusal by Manchester City Council of an application for permission for the erection of a 6-storey C3 building comprising 75 new homes where the main issue was the effect on highway safety.
• Decision of an inspector dated 2nd June relating to an appeal by Cassels Hotels Ltd against the refusal of South Cams DC for the demolition of the former Hotel Felix, Whitehouse Lane in Girton, a non-designated heritage asset in the Girton Gap and the erection of a C2 care home in the Green Belt with a 53% volumetric increase, very special circumstances established.
• Decision of an inspector dated 6th June 2023 relating to land between Green Lane and Upperthorpe Road, Westhorpe, Killamarsh allowing an appeal by Harworth Group, against the decision of North East Derbyshire DC, refusing outline planning permission for up to 397 dwellings on a site largely comprising an allocated site, with a portion in the Green Belt where the illustrative master plan showed a SUDS plan.
• Decision of an inspector dated 8th June 2023 allowing an appeal by the Co-Operative Group Ltd & Ilke Homes Ltd against the decision of North Northamptonshire Council to refuse an application for 133 dwellings on a site the majority of which comprises land allocated in the Rushden Neighbourhood Plan for a minimum 150 dwellings, where third parties resisted the appeal on multiple grounds after the Council decided not to resist the appeal.

Our Very Special Guest this week is Rebecca Phillips, Professional Lead for Planning Appeals at the Planning Inspectorate.

Court Judgments of the Week

• Thurloe Lodge Ltd, R (On the Application Of) v Royal Borough Of Kensington And Chelsea & Anor 2020 EWHC 2381 a decision of David Elvin QC dismissing six grounds of challenge to a planning authority’s decision to grant permission & listed building consent for two below ground car parking spaces on a private road in a conservation area adjoining listed buildings.
• East Hertfordshire DC V Mahoney [2020] 9 WLUK 153 a case about the grant of an interim injunction preventing travellers from undertaking work on land before the grant of planning permission.    

Appeals of the Week

• Successful appeal by L&Q  for a mixed use 441 unit C3 scheme with 50% AH involving tall buildings & impacts on Kew Gardens a World Heritage Site, Registered Park & Garden & Conservation Areas.
• The dismissal of Capital Community Development’s appeal on design grounds. 
• The dismissal of an appeal for 83 units based upon the prejudice it would cause to a Neighbourhood Plan, impact on setting of LB & lack of evidence of biodiversity net gain.

“Nudge of the week” and “Champion of the Week”

Our Special Guest this week is Matthew Spry, Senior Director at Lichfields, who will help make sense of the 2021 Census.

Decisions of the Week:

• R (oao Wyatt v Fareham Borough Council & Others [2022] EWCA Civ 983 a decision of the Court of Appeal dated 15th July 2022 dismissing an appeal against the decision of Mr Justice Jay dismissing a claim for JR of the decision to grant outline permission for C3 development raising issues about the lawfulness of the AA conducted under Reg 63 of the Habitat Regs 2017 applying Natural England’s Technical Guidance Note for the Solent Region.
• Decision of an inspector dated 12th July 2022 allowing an appeal by Healey Development Solutions (Barnet House) Ltd against the refusal by the London Borough of Barnet for the redevelopment of the site comprising a vacant 12 storey 1960s office block for to 260 homes & 709 sqm of Class E development because of the alleged impact on the character and appearance of the area, due to height, scale, massing & density of the proposal.
• Decision of an inspector dated 11th July 2022 dismissing an appeal against the refusal of Bournemouth Christchurch & Poole Council for the demolition of a hotel and its redevelopment for a mixed use scheme of 5 buildings sited in the Town Centre, in a Conservation Area.
• Decision of an inspector dated 8th July 2022 allowing appeals by Alexpo Ltd & Network Rail Infrastructure for planning permission, against the decisions of Elmbridge Borough Council to 1) refuse permission for the redevelopment of the former Jolly Boatman site at Hampton Court Station for 97 homes & a hotel with Class E retail units, station interchange & car parking and 2) temporary car park use for a period not exceeding two years. Issues around heritage impacts on multiple DHA including Hampton Court Palace & the quantum of AH, & the South Western Railway Act 1913.

Our Special Guest this week is Sue Bridge FRTPI, President of the Royal Town Planning Institute for 2023 and Director at Sue Bridge Consultancy Ltd.

Episode Resources

Planning Aid England
Planning Aid Scotland 

Decisions of the Week

• Decision of the Court of Appeal in R (oaf Kinnersley) v Maidstone Borough Council [2023] EWCA Civ 172 dated 22nd February allowing an appeal against the decision of HHJ Waldon-Smith who had dismissed a claim for JR of a decision to grant planning permission on a brownfield site based on the true meaning of the word site in Policy DM5.
• Decision of High Court in R (oao Bentley Pauncefoot PC) v Redditch BC & Bromsgrove DC [2023] EWHC 456 dated 2nd March 2023 dismissing a challenge to a decision to grant a hybrid permission for a residential led mixed use scheme for 2560 homes on an allocated site straddling the two LPAs area based on allegations that the committee was misled as to details of highway impacts.
• Decision of an inspector dated 22 February on land at Stratford Road, Shirley, dismissing an appeal, against the refusal of Solihull Metropolitan BC to grant permission, for a residential mixed-use scheme of 111 C3 units plus 84 bed C2 Care Home, gym, salon & restaurant rising to 6 storeys, on a pdl recommended for approval in context of shortfall in HLS.
• Decision of an inspector dates 22 February allowing an appeal against the decision of Trafford Metropolitan BC to refuse outline permission for up to 116 C3 units on land in the Green Belt which was found to be at odds with local plan spatial strategy. VSC demonstrated.

Baroness Neville-Rolfe DBE CMG has been Chair of the House of Lords Built Environment Select Committee since it was established in April 2021. The Committee’s remit is housing, planning, transport and infrastructure and its first report, Meeting housing demand, was published in January.

Decisions of the Week:

• Decision of an inspector dated 22 March 2022 allowing an appeal against the decision of Tunbridge Wells Borough Council to refuse permission for 71 dwellings on a greenfield site on the edge of Hawkhurst within the High Wealds AONB raising issues on impact on AONB, heritage assets, highways & extent of HLS.
• Decision of an inspector dated 21 March 2022 allowing an appeal by Think Green Ltd against the decision of Maldon District Council to refuse permission for 232 C3 homes for over 55 yr olds & a Class F building, extending a retirement community, on a greenfield site, raising issuing on impact on character & appearance & landscape & living conditions & impact on SPA/Ramsar/SAC sites.
• Decision of an inspector dated 17 March 2022 dismissing an appeal by Quorum Estates against the refusal of Stockport Metropolitan Council to grant permission for circa 90,000 sq m of B2/B8 in the Green Belt spread across open fields. No VSC found.
• Decision of an inspector dated 17 March 2022 dismissing an appeal by 365 ACQ Ltd against the refusal by the London Borough of Tower Hamlets for a 24-storey building at Millwall Inner Dock, which lies within a Tall Building Zone defined in the local plan, issues around design & acceptable living conditions.    

Our Very Special Guest this week is Bridget Rosewell CBE FAcSS, economist & National Infrastructure Commissioner, who will be discussing her role with the White Paper.

Court Judgments of the Week

• R V Western Trading & Singh [2020] EWCA Crim 1234 - Court of Appeal case about the level of fines imposed on breach of a Listed Building Enforcement Notice
• London Borough of Hackney V Shiva [2020] EWHC 2489 - a High Court  decision on the use of section 187B injunction for breaches of planning control relating to an art installation Sharks!  

Appeals of the Week

• The dismissal of an appeal on 24/9 at Witchford Cambridge for 70 C3 units, no 5 yr HLS shortfall, breach of development plan and harm to landscape 
• A successful appeal for 108 C3 units on a brownfield site and the application of vacant building credit reducing affordable housing.

Nudge of the week and Champion of the Week

Our Special Guest this week is Toby Savage, Leader of South Gloucestershire Council.

Decisions of the Week:

• Decision of Court of Appeal in Barton Park Estates ltd v Secretary of State & Anor [2022] EWCA Civ 833 dated 21st June 2022 dismissing an appeal against the decision of His Hon Judge Jarman dismissing a section 288 appeal against an inspector’s refusal to grant a certificate of lawful use or development for the stationing of up to 80 caravans “for the purposes of human habitation” at Magpie Leisure Park, Bedford Bridge, raising issues about the scope of a 1987 planning permission & I’m Your Man.  
• Decision of an inspector dated 30th June 2022 allowing an appeal by Yelland Quay Ltd against the refusal by North Devon District Council for a hybrid application for detailed demolition, flood defence works & bat building & vehicle parking for Tarka Trail &  outline permission for mixed use including 250 dwellings, Class E employment & retail floorspace on land formerly occupied by a coal-fired station, allocated for development &  located in an SSSI, near a SAC/SSSI & within the setting of an AONB.
• Decision of an inspector dated 24 June 2022 allowing an appeal by Churchill Retirement Living against the failure of Wychavon District Council to give notice of a decision for retirement living accommodation, with a single issue based on viability, and a consequential affordable housing contribution.
• Decision of an inspector dated 30th June 2022 dismissing appeals for planning permission & listed building consent, against the decision of City of London Corporation, for the refurbishment extension and conversion of the Custom House, a grade 1 LB for hotel led scheme based on the application of NPPF 202.

Our Special Guest this week is Mike Kiely, Chair of the Board at the Planning Officers Society.

• Latest News Update on planning related matters.

• Decision of the Parliamentary Under Secretary of State for Building Safety & Homelessness dated 25th September 2024 allowing an appeal by a consortium led by Barratt David Wilson Homes, granting outline planning permission, in accordance with the inspector’s recommendations, for up to 1000 dwellings, secondary & primary schools, community facility & retail uses, open space & landscaped areas with associated engineering works on land between Huntingdon Toad & Hilston Road Cambridge, known Darwin Green Phases Two and Three.

• Decision of an inspector dated 24th September 2024 allowing an appeal by Infinis Solar Developments Ltd against the decision of Central Bedfordshire Council to refuse an application for the installation of a solar PV park land at Brogborough Landfill Site, Woburn Road, Lidlington.

• Decision of an inspector dated 18th September 2024 dismissing an appeal by Gladman Developments Ltd against the refusal by Nuneaton & Bedworth Borough Council to grant outline planning permission for 500 homes on highways grounds & awarding partial costs to the Appellant & refusing the Council’s application for a full award of costs.

Visit our Website: hwgpnfy.com

#HWGPNFY

Our Special Guest this week is Robert Rinder, barrister, host of the ITV series Judge Rinder & newly appointed Legal Services Ambassador for Shelter. Robert will be talking with us about how the planning system can address the housing crisis.

As before, there is no charge for the event, but we would encourage you to make a modest donation to a charity of your choice. As always we support the NHS Combined Charity Page but in view of our theme this week you may wish to consider a donation to Shelter.

Court Judgments of the Week

• Smith V Castle Point Borough Council & Benfleet Scrap Limited [ 2020] EWCA Civ 1420a Court of Appeal decision on the meaning & effect of a delegated decision to grant planning permission for the erection of a 5 metre wall around a scrap yard in face of alleged failures in the officer report to consider contamination & intensification. 
• DB Symmetry Limited V Swindon BC & Secretary of State HC&LG [2020] EWCA Civ 1331a Court of Appeal decision relating to whether a condition attached to the grant of planning permission lawfully required the public to have rights of passage over roads to be constructed as part of the development.

Appeals of the Week 

Section 78 inspector decisions on appeals 

• 20th October relating to 112 dwellings in open countryside, at Doddington Park Farmhouse required to facilitate priority heritage works to a group of listed buildings including Grade 1 Doddington Hall, & Grade 11* Delves Hall and Star Barn. Application of NPPF para 11 c ; para 79 (b), 193 & 106.  
• 19th October for up to 250 dwellings on land outside the settlement boundary of Holmewood, Derbyshire in circumstances where the site was not identified in the emerging development plan which planned to extend the settlement elsewhere. Application of NPPF 11 (d).   

“Nudge of the week” and “Champion of the Week”.

Our Special Guest this week is Lord Daniel Moylan, Chairman of the Built Environment Select Committee. The Committee was appointed to consider matters relating to the built environment, including policies relating to housing, planning, transport and infrastructure.

Latest News Update on planning related matters.

• Decision of an inspector dated 28th November 2024 dismissing three appeals by Artemis Land and Agriculture Ltd against the decision of the Chichester District Council in relation to Crouchlands Farm, Rickman’s Lane, Plaistow, to fail determine two applications, one for 108 homes and one for mixed commercial uses and also to refuse a third outline application for 492 homes, multiple issues including water neutrality and flood risk.

• Decision of an inspector dated 27th November 2024 allowing an appeal by BDW Trading Ltd against the decision of the Hertsmere Borough Council to refuse an application for up to 220 dwellings including 50% affordable housing including POS, landscaping, SUDs and access and ecological enhancements to Woodcock Hill Village Green on land wholly within the Green Belt at Barnet Lane & Furzehill Road, Borehamwood, adjoining the settlement. Issues around policy framework, weight to certain local plan policies, effect on openness to GB & any other harm, weight to benefits & if VSC found.

• Decision of an inspector dated 22nd November 2024 allowing an appeal by Hodson Developments Ltd against the decision of the Ashford Borough Council to refuse an outline application for up to 655 dwellings on arable land north of Possingham Farmhouse, Great Chart in the context of less than a 5 yr HLS on a site largely outside an allocated new community in the Chilmington Green AAP. Issues around impact on heritage assets, landscape, highways & sustainability of location & a contribution to secondary school provision.

Visit our Website: hwgpnfy.com

#HWGPNFY

Christine Thorby DipTP MRTPI IHBC joined the Inspectorate from a Local Planning Authority in February 2003. Her vast experience and knowledge gives her insight that is so valuable for our current and future success. Her appointment ensures an inspector presence at Executive Team and Board.

Decisions of the Week:

• Decision of Secretary of State dated 10 May 2021 allowing an appeal, in accordance with the inspector’s recommendation, against the failure of the London Borough of Sutton to determine an application for a special needs school on open land allocated for a SEN school & open space.
• Decision of Secretary of State dated 13 May 2021 allowing an appeal on an application recovered by him relating to the proposed restoration of the grade II* listed Whitechapel Bell Foundry for creative industries & café & the construction of a new hotel building not resisted by the London Borough of Tower Hamlets but by a Rule 6 party.     
• Decision of Secretary of State dated 12 May 2021 dismissing an appeal against the decision of Elmbridge Borough Council to refuse planning permission for the redevelopment of parts of Sandown Park Racecourse for a 150 bed hotel, up to 318  homes & a relocated nursery in the Green Belt. No VSC found to exist.
• Decision of an inspector dated12 May2021 allowing an appeal against Lichfield District Council’s refusal of residential led mixed use scheme including a C2 use, at Fradley, Lichfield on a 10 ha greenfield site. 

Our Special Guest this week is Andy Street CBE, Mayor of West Midlands Combined Authority, former Managing Director of John Lewis.

Court Judgments of the week

• Morris Homes Limited V Cheshire West & Chester Council [2020] EWCA Civ 1516 – an unsuccessful challenge to the Court of Appeal about the lawfulness of a decision of an independent expert appointed pursuant to a 106 obligation to assess affordable  housing contributions & whether it was conclusive & binding.
• RSBS Developments Ltd v (1) SSHC&LG & Anor [2020] EWHC 3077 – a decision of Mrs Justice Laing dismissing appeals to an inspector’s decision under section 288 & 289 of the TCPA 1990 relating to the conversion of former offices to flats for residential use & external alterations to the premises.

Decisions of the week

• Secretary of State decision dated 12 November contrary to the inspector’s recommendation, dismissing an appeal for the comprehensive redevelopment of Anglia Square Norwich with a residentially led mixed use scheme on account of design & heritage impacts.
• An inspector’s decision 20 November allowing an appeal against the refusal of permission for a 10-storey mixed use building including a hotel, B1a & B2 use on SIL allocated land at Park Royal, London which raise land use & heritage issues.

Plus “Praise of the Week” and “Nudge of the Week”

Shelly Rouse is a Principal Consultant with the Planning Advisory Service with a passion for delivering support to local authorities and helping drive public sector improvement with housing delivery and land supply as her specialities.

Latest News Update on planning related matters.

• Decision of the High Court dated 5th April 2024 in R (Low Carbon Solar Park 6 Limited) v Secretary of State for LUH&C & Uttlesford DC dismissing a challenge to an inspector’s decision, under section 76D of the TCPA 1990, refusing an application for the construction and operation of a solar park at Pelham, Manuden. The challenge alleged procedural unfairness.

• Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 8th April 2024, in accordance with the inspector’s recommendation, dismissing a recovered written rep appeal by Aveneco Ltd, against Buckingham Council’s refusal to grant permission for an energy park with high-capacity battery storage, 416 bedroom hotel, two office units, biogas waste digester energy unit incorporating alternative and emerging transport solution & an advanced educational facility at End Road, Dorney, Slough. The proposal was judged to be inappropriate development in the Green Belt & raised issues around impact on openness, flood risk, heritage assets, highways.

• Decision of the Minister for Housing & Homelessness on behalf of the Secretary of State, dated 22nd March 2024, in accordance with the inspector’s recommendation, to allow two appeals seeking outline planning permission : Appeal A for a residentially led mixed use schemes of up to 391 homes and Appeal B for up to 330 discounted affordable homes for key workers, including military personnel, against the refusals of St Albans & City District Council on land at Chiswell Green, St Albans in the Green Belt.

Our Special Guest this week is Priya Shah, Founder of BAME in Property, an organisation for BAME and non-BAME professionals who are passionate about increasing ethnic diversity in the property and planning sectors. Priya is also a Consultant at Grayling specialising in stakeholder engagement and community consultation in the built environment.

Court Judgments of the Week

• R (Hawkhurst Parish Council) v. Tunbridge Wells BC  [2020] EWHC 3019 (Admin) – unsuccessful JR challenge to the grant of planning permission for a McCarthy and Stone care home on highways, heritage and AONB grounds..
• Sevenoaks District Council v. SSHCLG [2020] EWHC 3054 (Admin) – Sevenoaks DC’s’ unsuccessful challenge to the conclusion of the Inspector appointed to examine their Local Plan that they had failed to comply with the Duty to Co-Operate.
• R (Rights: Community: Action Ltd) v. SSCHLG – judgment of Lewis LJ and Holgate J due to be delivered on Tuesday on the JR challenge to the amendments to the GPDO and Use Classes Order.  

Decision of the week: grant of DCO for the A303 Stonehenge Tunnel upgrade scheme.

“Nudge of the week” and “Champion of the Week”.

This week we are joined by The Right Honourable Christopher Pincher MP who was appointed Minister of State at the Ministry of Housing, Communities and Local Government on 13 February 2020. He was first elected Conservative MP for Tamworth in May 2010.

Court Judgments of the Week:

• City & Country Bramshill Ltd v Secretary of State for HC&LG & Hart DC et al[2021]EWCA Civ 320, a Court of Appeal decision dismissing an appeal from the developer against a decision of Waksman J who partly allowed & partly dismissed  challenges to an inspector’s decision to refuse planning permission in relation to development at Bramshill Park, Hampshire raising questions about the interpretation of policy related to heritage & isolated homes in the countryside.
• Anchor Hanover Group v Arcadis Consulting Ltd [2021] EWHC 543 (TCC) A decision of O’Farrell J on 9 March dismissing an application by the Environment Agency to summarily dismiss a claim for damages based on a duty of care at common owed by the EA in commenting on hydraulic modelling & in so doing arguably going beyond its statutory duty.

Decisions of the Week:

• Camp Hill, Birmingham, a decision of 8th March allowing a recovered appeal against Birmingham City Council’s refusal to grant permission on a site in B2/B8 use for a residentially led mixed use scheme of 7 blocks within the City Centre Growth Area in the development plan, raising issues about the delivery of Camp Hill Chord.
• Odeon Cinema, Shaftesbury Ave a decision of 10 March an inspector’s decision dismissing appeals by Capital Start Ltd against the refusals of the London Borough of Camden to grant listed building consent & planning permission for the refurbishment, and two storey roof extension and basement levels in the Grade II LB. 

Our special guest this week is Oliver Bulleid, Executive Director of the London Community Land Trust.

Decisions of the Week:

• Decision of the High Court dated 12 May 2023in R (0ao Nelson Richardson) v London Borough of Lambeth et SSLU,H&C [2023] EWHC 1131 (admin)refusing multiple applications related to 4 separate JJ claims – all ruled to be totally without merit.

• Decision of the Court of Appeal dated 16 May 2023 in SSLU, H&C v, Smith & London Borough of Hackney [2023] EWCA Civ 514, in which they quashed the decision of Kerr J in the High Court, who had allowed an appeal against the decision of an inspector appointed to conduct an appeal determined by written representations, who had been assisted by an appeal planning officer who had prepared a report on facts, evidence, issues and contentions in the appeal and a recommendation based on an evaluative planning judgement.

• Decision of an inspector dated 11 Mayrelating toland at Lowerside Lane, Glastonbury allowing an appeal against the decision of Mendip District Council to refuse an outline application for up to 90 dwellings in the context of a new unitary authority, no 5 yr HLS, agreement between the main parties that the appeal be allowed, evidence from interested parties contending otherwise, observations from the inspector around the relevance of the travel of direction indicated through LURB and NPPF consultation.

• Joint Determination by DoT & SSLU,H&C dated 10 May 2023in accordance with the inspector’s recommendation, allowing HS2’s appeal under para 6 Schedule 17 of the High Speed Rail (London to West Midlands) Act 2017, against the decision of the Solihull Metropolitan Borough Council, to refuse approval for a lorry route serving five worksites at Balsall Common.

This week our special guest is Tim Goodwin BSc (Hons) MSc MIEnvSc  MCIEEM, Director of Ecology Solutions Ltd.

Cases of the Week

Garland v Secretary of State for Environment, Food & Rural Affairs [20202] EWHC 1814 (Admin) a claim challenging an order modifying the Definitive Map to change the status of a highway from footpath to bridleway.

PINS/MHCLG Decisions of the Week

Two Secretary of State decisions allowing appeals, both taken in the context of 5 yr HLS being demonstrated (1) For up to 600 dwellings & a local centre in Norfolk raising cumulative heritage impacts & Hab Regs issues  (2) A determination finally allowing Muller Property Group’s appeals at Nantwich  for a residentially led mixed use scheme including 189 dwellings plus a new access road.

Our Special Topic of the Week

After the Environment Secretary’s speech this week. Does Brexit provide the opportunity to rid planning of an unduly complex system of European ecological control?

Our Special Guest this week is Clare Miller CEO of Clarion Housing Group, the largest provider of affordable housing.

Planning decisions of the week

• The decision of the Supreme Court in R (oao Friends of the Earth Ltd) v Heathrow Airport Ltd [2020 ] UKSC 52 and whether the failure to take account of the Paris Agreement renders the designation of the Airports National Policy Statement unlawful. To be handed down on 16 December 2020.
• A decision of Mrs Justice Lang in R(oao Wyeth-Price) v Guildford BC & Bewley Homes [2020] EWHC 3355 (Admin) quashing a permission due to legal errors in the officer report in the way it dealt with the impact of the proposals for housing on designated heritage assets.
• An inspector’s decision 7th December dismissing an appeal against the refusal of South Northamptonshire Council to grant permission for up to 330 homes on a site outside the urban area due to the effects upon the need to travel.
• An inspector’s decision 9th December allowing an appeal for an electric car charging service station at Lower Slaughter, against the refusal of Cotswold District Council on an existing scrapyard & haulage depot.
• An inspector’s decision 8th December dismissing an appeal against the refusal of the London Legacy Development Corporation to allow an application for a mixed use scheme of four buildings 6 to 18 storeys high on design grounds.
• An examiner’s report dated 9th December to West Horsham District Council on the West Grinstead Neighbourhood Development Plan and the proposed Local Gap & Local Green Space designations.

“Nudge of the week” and “Champion of the Week”

Our Special Guest this week is Dr Wei Yang, FAcSS  FRTPI RIBA Client Adviser, MCIHT, President of The Royal Town Planning Institute.

Court Judgments of the Week

• Gladman Developments Ltd [2021] EWCA Civ 104
• R (oao United Trade Action Group Ltd) V Transport for London & Mayor of London [2021] 72 EWHC decisions of Mrs Justice Laing allowing a JR claim to the London Streetspace Plan-Interim Guidance & an order prohibiting traffic & stopping up parts of the A10 highway; raising issues about failing to have regard to material considerations ie the effect on taxis as a form of PT & public sector equality duty issues raised.

Decisions of the Week

• Decisions of an inspector dated 19 January 2021 allowing Bellway Homes’ appeal granting reserved matters approval for up to 350 dwellings on land south-west of Blandford Forum By-Pass, Dorsetand granting the appellant a costs award; unacceptableimpact on setting of AONB alleged.
• Decision of an inspector dated 25th January 2021 dismissing Redrow Homes appeal seeking outline permission for up to 400 homes on a site north of the GB & south of the Red Brook & Partington; issues on landscape, heritage & viability. No 5 yr HLS & para 11d engaged. Trafford BC’s application for costs dismissed.

Plus “Praise of the Week” and “Nudge of the Week”

Our Special Guest this week is Dr Chris Miele, Partner at Montagu Evans LLP.

Latest News Update on planning related matters.

• Decision of a Planning Inspector dated 13th March 2024 to allow an appeal by Abri Group Ltd against the refusal by Woking Borough Council to grant planning permission for the demolition of existing buildings & the erection of a 25-storey building comprising 224 dwellings & ground floor commercial floorspace, in Woking town centre.

• Decision of the Minister of State for Local Government, on behalf of the Secretary of State, dated 13 March 2024 dismissing a recovered appeal against the decision of West Northamptonshire Council to refuse an application by Annesco Ltd, for a temporary Solar Farm of up to 49.72MWcontrary to the inspector’s recommendation.

• Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 15th March 2024, allowing an appeal by Redrow Homes Ltd against Dacorum Borough Council’s refusal to grant permission for a hybrid application for the development at Tring of up to 1400 homes including 140 x C2 dwellings, local centre, sports hub, primary & secondary schools, SANG & POS in the Green Belt against a background of a 1.2 yr HLS amounting to 6,108 dwellings.

Our Special Guest this week is Fiona Howie, Chief Executive, Town & Country Planning Association.

Court Judgments of the Week:

• Blackbushe Airport Ltd v Secretary of State for EF&RA & Hampshire CC et al[2021] EWCA Civ 398, the Court of Appeal decision dismissing an appeal against a decision of Holgate J who allowed a challenge to an inspector’s decision to deregister land under the Commons Act 2006 on the basis the inspector had erred in law in concluding land fell within the curtilage of the airport building.
• Anderson et al v Basildon District Council [2021] EWCA Civ 363, a decision of the Court of Appeal, dismissing an appeal against committal orders sentencing members of the gypsy community to suspended imprisonment orders.
• R (Croyde Area Residents Association) v North Devon DC & Parkdean Holiday Parks Limited [2021] EWHC 646, a decision of Lieven J extending time & allowing a challenge to a 2014 planning permission, despite a claim for a statutory bar.

Decision of the Week:

Bloor Homes Western appeal at Ledbury, a decision of the Secretary of State dated 15 March granting outline planning permission for a mixed use development including up to 625 homes on a site allocated within the Core Strategy & lying within the Ledbury Neighbourhood Development Plan, raising issues about the effect on highways, designated heritage assets, the setting of the AONB & HLS.

This week is our final episode of series one, and we have decided to end as we started; just with the five of us. As before, there is no charge for the event, but we would encourage you to make a modest donation to the NHS Combined Charity Page or whichever local charity you may prefer.

Cases of the Week

1. (1) Keep Bourne End Green v Buckingham Council et al  [2020] EWHC 1984 Admin; s decision of Holgate J who dismissed a challenge to a plan based on an allegation that the 2016-based household projections produced by ONS should have been taken into account in the assessment of OAHN.
2. (2)R (oao Walker ) v Bath & North East Somerset Council [202o] EWHC 1836 a decision challenging the grant of permission and listed building consent at Belvoir Castle, a listed building in a World Heritage Site & Conservation Area contrary to the officer recommendation & where the Council has conceded the decision was unlawful.

PINS/MHCLG Decisions of the Week 

1. (1) Pencoed Power Plant Appeal, a decision of Welsh Minsters dated 23 July 2020 to grant permission for a gas engine-powered generation facility 40MW of electricity.
2. (2) an inspector decision dated 22 July on an unallocated site in Brentwood formerly owned by Homes England with the benefit of a development brief to grant permission for four residential blocks.

Plus “Praise of the Week” and “Nudge of the Week”

Our Special Guest this week is Rosie Pearson, Chairman of the Community Planning Alliance and Founder of Pylons East Anglia.

Latest News Update on Labour on planning, latest PINS stats & a new resource for planning cases.

• Decision of the High Court in Telford & Wrekin Council v Secretary of State for LUH&C & Greentech Invest UK Ltd [2023] EWHC 2439, a s288 challenge issued & served outside the 6 week challenge period. Application to extend time refused.
• Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 1oth October 2023 dismissing an appeal against the refusal of South Oxfordshire DC to grant planning permission for a mixed use scheme including 350 new homes & a C2 scheme on an unallocated site account in the context of a lack of HLS, a neighbourhood plan with allocations & impacts on landscape character.
• Decision of an inspector dated 12th October 2023 dismissing Croudace Homes Ltd’s appeal for planning permission for up to 290 dwellings, landscape, SANG & access off the B2102, at Bird in the Eye Farm, against the non-determination by Wealden District Council on an unallocated site beyond the settlement boundary at Uckfield, in the context of no 5 yr HLS, issues on Ancient Woodland, flood risk, heritage, accessibility & safe access.

Our Special Guest this week is Lord Ben Houchen, Mayor of the Tees Valley to discuss the English Devolution White Paper published by MHCLG before Christmas. The proposal gives Mayors new responsibilities for strategic planning and much more.

Latest News Update on planning related matters.

Decision of the Court of Appeal dated 11 December 2024 which deals in great detail with the service provisions relating to Section 288 of the Town and Country Planning Act 1990 relating to the statutory right of appeal after an Inspectors decision by way of Section 78 and a detailed examination of the requirements in law relating to both lodging the proceedings in court and service under that statutory provision. This is a seminal decision for anyone who is or might be involved in planning appeals litigation.

Decision of an Inspector dated 9 January 2025 which deals with the service of an enforcement notice by Royal Borough of Greenwich relating to a 15 storey and 23 storey residential blocks requiring the demolition of the building in which the Inspector upheld the notice but crucially allowed the retention of the buildings by materially amending the requirements of the notice.

Decision of an Inspector dated 7 January 2025 which deals with a significant solar farm proposal for 47.28 MWp in Mid Suffolk District Council in which the Inspector granted planning permission by concluding that the proposal was supported by the planning balance and that the proposal accorded with the development plan as a whole and the appeal should be allowed.

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This week, our special guest is Richard Schofield, Head of Profession at the Planning Inspectorate. 

Decisions of the Week:

• The Supreme Court decision in Hillside – This Wednesday, the Supreme Court decision in the Hillside litigation was handed down. This is a seminal decision in the relationship of planning permissions relating to the same site.
• The High Court decision in Standard Life v Secretary of State & Ors [2022] EWHC 2632 (Admin) – A decision of James Strachan KC (sitting as a Deputy Judge of the High Court) dealing with the critical issue of presentation of a case at inquiry and the legal approach of an Inspector in the light of how the case is put in the context of a claimed breach of condition in a Section 78 appeal dealing with the redevelopment of a major site in Bath.
• Decision of an inspector dated 24 October 2022 in which an Inspector deals with a major redevelopment of a site in Tottenham for a mixed use development of 867 homes and whether the proposal complied or not with the development plan and the effect of the tilted balance in the planning balance.
• Decision of an inspector dated 25 October 2022 in which the Inspector was dealing with a proposed world-class Golf Course, hotel and over 1000 houses in the Green Belt and whether there were very special circumstances which outweighed the harm to the Green Belt.

Our Special Guest this week is Níall McLaughlin RA. Níall is Professor of Architectural Practice at the Bartlett School of Architecture, University College London.

Latest News Update on planning related matters.

A High Court Judgement where Amalgamated Smart Metering Ltd filed a claim form seeking permission to apply for judicial review of the decision of Rotherham Metropolitan Borough Council dated 22 February 2024 to grant outline planning permission for residential development comprising up to 120 units including details of means of access at a former bus depot at Midland Road, Masbrough, Rotherham. The application for planning permission had been made by Prospect Estates Ltd.

An Appeal Decision regarding planning permission for a temporary 49.35MW battery energy storage facility, with security fencing, access and associated works on land off Chapel Lane, Great Barr, Walsall in accordance with the terms of the application, Ref 23/1286 dated 4 October 2023. One of the first decisions to consider the issue of ‘grey belt’ land in favour of the Appellant.

An Appeal Decision regarding a development proposed for a sand and gravel quarry with progressive restoration using site derived and imported inert material to agricultural parkland, public access and nature enhancement. This decision supersedes that issued on 5 May 2023. That decision on the appeal was quashed by order of the High Court.

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This month, we are joined by David L Morgan BA MA(T&CP) MA(Bid Con IoAAS) MRTPI IHBC, Professional Lead Planning Appeals at the Planning Inspectorate

• Decisions of the Month:
  
  Decision of an Inspector dated 15th  September 2021 allowing an appeal by Manor Oak Homes against the refusal  by South Oxfordshire DC to grant permission for 150 homes on a  greenfield site in the Didcot Garden Town master plan area, raising  issues on HLS, the effect of development on the character and appearance  of the landscape, the weight to be given to conflicts with the  development plan and the application of a tilted planning balance.
  
• Decision of an Inspector dated 20th September 2021 allowing Exigo Project Solutions’ appeal against the  refusal by Rother DC of an outline application for 160 homes on an  allocated site, where issues relating to the effect of development upon  the Pevensey Levels SAC, Ramsar & SSSI and the impact of the surface  water drainage scheme on landscape character.
  
• Decision of an Inspector dated 28th September 2021 allowing Ashill Land Ltd’s appeal against the refusal by  North Hertfordshire DC of an application for 167 homes on agricultural  land, in the Green Belt, proposed to be released and allocated for  housing in the draft local plan, in the late stages of examination, in  the context of a 1.47 year supply.
  
• Decision of an Inspector dated 30th September dismissing Taylor Wimpey UK’s appeal for demolition &  permission for 307 homes, refused by the London Borough of Barnet, on a  former Homebase site close to North Finchley Town centre; issues related  to 5 year HLS and the impact of the proposed 9-storey residential  blocks on the character and appearance of the area judged to be  predominately low to mid-rise residential development.

We take a deep dive on some cases and discuss virtual events and our thoughts on them.

Court Judgments of the Week

• R (oao Client Earth) v Secretary of State BE&IS & Drax Power Limited [2021] EWCA Civ 43 a decision of the Court of Appeal dismissing an appeal from the decision of Holgate J who had dismissed a claim for JR of the decision to grant a DCO for a NSIP for two gas-fired generating units at Drax Power.
• R (oao Asda Stores Ltd) v Leeds City Council & Commercial Development Project Ltd [2021] EWCA Civ 32 a decision of the Court of Appeal dismissing an appeal from the decision of Lieven J who had dismissed a claim for JR of the decision to grant permission for a mixed use retail led development at the former Benyon Centre based on an alleged misinterpretation of NPPF [90].
• Parkview Homes Limited v Chichester District Council [2021] EWHC 59 a successful challenge to the grant of permission on an A3 change of use “extension of hours “application via s73 under delegated powers raising amenity/noise issues.
• A decision of the Secretary of State for Transport dated 19 January 2021, in accordance with the recommendation of the Examining Authority, granting Highways England a DCO to widen the A1 from 3 lanes to 4 between J68 & J65 of the A1 at Gateshead to support future development at the Team Valley Trading Estate    

Decision of the Week

Monkhill Ltd, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWCA Civ 74

Plus “Praise of the Week” and “Nudge of the Week”

This week, we are joined by Melanie Leech CBE, Chief Executive of the British Property Federation.

Decisions of the Week:

• Decision of the High Court dated 28th September 2022 concerning a challenge to the grant of permission by Cornwall Council for an extension to a Golf & Country Club in St Just, which lies in the Cornwall AONB and the designated Penwith Heritage Coast.
• Decision of an inspector dated 26th September 2022 allowing two separate appeals on greenfield sites outside but abutting the settlement boundary of Malmesbury, against the refusals by Wiltshire Council of outline applications for the development of up to 50 and up to 26 dwellings respectively. Issues around impact on character & appearance.
• Decision of an inspector dated 28th September 2022 allowing an appeal against the refusal of Wealden District Council for a mixed-use urban extension of up to 700 dwellings, employment floorspace, medical centre & primary school on a site identified as a Strategic Development Area in the Core Strategy, with European Protected Habitats in the area, contrary to an officer recommendation for approval and in the context of a 3.66 HLS.
• Decision of an inspector dated 23rd September 2022 allowing an- appeal against non-determination by Basildon District Council, of an outline application for the part demolition & redevelopment of the Eastgate Shopping Centre & adjoining land to provide a mixed use scheme of up to 2800 dwellings including build to rent, open market sale, student accommodation, later living & co-living, retail & commercial floorspace, public realm & car parking. No 5 yr HLS. Issues raised around design, impact on character & appearance, impact on designated heritage assets.

Our Special Guest this week is Nicholas Boys Smith founding Director of Create Streets, interim Chair of Building Better, Building Beautiful & Task Force Member advising Government on the Planning White Paper. Nicholas has recently been appointed as the head of the new national design body soon to be launched.

Court Judgments of the Week

• Hillside Parks Ltd v. Snowdonia National Parks Authority [2020] EWCA Civ 1440 a Court of Appeal decision concerning the ‘Pilkington’ principle regarding successive planning permissions relating to the same site, and the status of a planning permission granted in 1967.
• Roao Barry Zins v East Suffolk Council & others [2020] EWHC 2850 a challenge to the conditional grant of permission for the creation of a lake & reuse of excavated material on site on grounds that the officer report materially misled on the noise effects & alleged heritage benefits.

Appeals of the Week  

• A section 78 inspector decision relating to 93 dwellings on a green field site on the edge of Sutton Courtenay, Abingdon. Issues included the effect of the OHGD and WMS 12/9/2018 on HLS.
• A Secretary of State decision dated 2 November 2020 relating to a July 2018 application for a National Distribution Centre by Liberty Properties & Eddie Stobart agreed to be an inappropriate development in the Green Belt.

“Nudge of the week” and “Champion of the Week”.

This week we are joined by a very special guest PINS Inspector David Smith (Professional Lead – Planning Appeals).

Our special guest this week is Simon Wicks, Deputy Editor of the Planner, the official member magazine of the Royal Town Planning Institute.

Latest News Update on planning related matters.

• Decision of the High Court dated 3rd May 2024 in Friends of the Earth et al v Secretary of State for Energy Security & Net Zero [2024] EWHC 995 (Admin) concerning a challenge to the Secretary of State’s Carbon Budget Delivery Plan laid before Parliament under s14 of the Climate Change Act 2008, pursuant to the order made by Holgate J in R (Friends of the Earth v Secretary of State for Energy Security & Net Zero [2023] 1 WLR 225.

• Decision of the Court of Appeal dated 2nd May 2024, in Secretary of State for LUH&C v Caldwell & Timberstore Ltd [2024] EWCA Civ 467 dismissing an appeal from the decision of Lieven J [2023] EWHC 2053 (Admin) quashing an inspector’s decision, dated 14 February 2023, to dismiss an appeal under section 174 of the TCPA 1990 and to uphold an enforcement notice alleging a breach of planning control requiring the cessation of residential use and demolition of a bungalow known as “The Goose House”. Misapplication of the Murfitt.

• Decisions of an inspector dated 3rd May 2024 allowing Burlington Property Group’s appeals against the refusal by Three Rivers DC, of outline planning applications for A) up to 83 new homes, a new surgery & access & B) 9 homes & access in the Green Belt.

Our Special Guest this week is His Grace The Most Reverend and Right Honourable Justin Welby, Lord Archbishop of Canterbury, to discuss the “Coming Home” report into the housing crisis which was commissioned by him and was published this week.

Court Judgments of the Week

• TW Logistics Ltd V Essex County Council [2021] UKSC 4 a decision of the Supreme Court dismissing an appeal relating to a 200 sq m area of hard surfaced land on the edge of a working port at Allen’s Quay, Mistley, registered as a TVG.
  
• Thame Town Council v Secretary of State HC&LG & others [2021] EWHC 291 a decision of Mrs Justice Lang dismissing a 288 statutory review of an inspector’s decision to allow an appeal and grant permission for the redevelopment of a business park protected for employment use in the Thame Neighbourhood Plan by a policy which stipulated that a site be marketed for at least a year at a reasonable price.
  
• Pearce v Secretary of State BEIS & Norfolk Vanguard Ltd [2021] EWHC 326 a decision ofMr Justice Holgate quashing a DCO under PA 2008 on the basis of a failure to properly assess cumulative impacts.
  

Decisions of the Week

• Decisions of an inspector dated 9th February 2021 allowing Cateby Estates & Miller Homes Ltd’s appeal granting outline planning permission for up to 400  dwellings on land allocated for development at Whitford Rd Bromsgrove in the face of highways issues.
  
• Decisions of an inspector dated 10th February 2021 allowing Bowbridge Land Ltd’s appeal seeking outline permission for up to 260 homes on a green field site, off Harborough Road, Desborough.
  

Our Special Guest this week is Steve Norris, former Minister for Transport, Director of Steve Norris Ltd & Chairman of Soho Estates.

Decisions of the Week

• Decision of the High Court dated 19 May 2023 in R (0ao Coal Action Network) v Welsh Ministers & the Coal Authority [2023] EWHC 1194 (admin) dismissing a JR claim relating to two decisions to authorise coal mining operations at Aberpergwm in the Vale of Neath.

• Decision of the Court of Appeal dated 25 May 2023 in Devine v SSLU,H&C & Cheshire West & Chester Council [2023] EWCA Civ 601, in which they dismissed an appeal against the decision of Fordham J in the High Court, who had dismissed a section 289 appeal against the decision of an inspector appointed to conduct an appeal under section 174 (2)(d) of the 1990 TCPA against an enforcement notice alleging the erection of a new building without planning permission having concluded the building in question was not “substantially complete” and so did not enjoy immunity from enforcement.
• Decision of an inspector dated 24th May relating to land off Coate Road, Devizes outside the limits of the settlement boundary, allowing an appeal by Robert Hitchin against the decision of Wiltshire Council to refuse an outline application for up to 200 dwellings & a local centre in the context of a Core Strategy more than 5 years old and no 5 yr HLS.
• Decision of an inspector dated 25th May relating to land in the Green Belt dismissing an appeal by Griggs (Options) Ltd against the decision of Hertsmere Borough Council to refuse an outline application for 37 dwellings of which 40% would be affordable, despite there being a very substantial and acute housing supply shortfall. Significant harm to openness of Green Belt, moderate harm to character & appearance. VSC not found.

Crispin is chief executive of the Campaign to Protect Rural England. He has over 20 years’ experience of leading and growing successful, award-winning organisations across multiple sectors, as both chief executive and chair. He was chief executive of The Churches Conservation Trust, the UK charity protecting historic churches at risk, and, prior to that, of Revolving Doors Agency, supporting people with mental health problems in the criminal justice system.

Decisions of the Week:

• Manchester City Council v Secretary of State for HC&LG & others [2021] EWHC 858, a decision of Mr Justice Knowles allowing statutory appeals against an inspector’s decision to  allow an enforcement notice appeal raising issues relating to the correct interpretation of the planning unit & I‘m Your Man.
• Swainsthorpe PC v Norfolk County Council & South Norfolk DC [2021] EWHC 1014 (Admin), a decision of Mrs Justice Lang DBE relating to a successful claim for JR of a consultation response issued by a highway authority in the context of an application for planning permission which had regard to economic benefits.
• Decision of an inspector dated 20th April 2021 dismissing an appeal by North Herts DC against Central Beds refusal of a proposed crematorium in a rural location.  
• Decision of an inspector dated 19th April 2021 dismissing Sharpe Refinery Service Ltd’s appeal against the decision of the London Borough of Richmond upon Thames to refuse permission for a mixed scheme of two new build units and an extension to Buildings of Townscape Merit, raising issues of loss of commercial floorspace, HLS, the applicability of the 35% uplift, fallback position, waste policies, the implications for the continuing use of Twickenham Studios.

Our Special Guest this week is Victoria Geoghegan, President of the Planning Officers Society.

Decisions of the Week:

• Richards v Environment Agency [2022] EWCA Civ 26 a decision of the Court of Appeal dated 17th January 2022 allowing an appeal & clarifying the proper approach to allegations that an environmental regulator, the EA, is acting in a way incompatible with Convention Rights based on Articles 2 & 8.
• R (oao SPVRG Ltd) v Pembs CC  [2022] EWHC 143 (Admin) a decision of Mrs Justice Steyn dated 7th January 2022, dismissing a challenge to the grant of a section 73 application relating to an established caravan park permission based on alleged defects in the officer’s report.
• Decision of an inspector dated 26th January 2022 dismissing an appeal against the refusal of Medway Council of an application for the erection of 72 C3 dwellings (18 x AH) & nursery associated highways and landscaping on arable fields, considered to be beyond a reasonable walking distance to services, limited public transport, harmful landscape impact but no 5 yr HLS.
• Decision of an inspector dated 26th January 2022 dismissing an appeal against the refusal of Doncaster Metropolitan BC to grant permission for a crematorium, memorial gardens & car parking in the Green Belt following an earlier beauty parade of 3 applications, assessing their effect on landscape character & appearance.

Our Special Guest this week is the Attorney General for England & Wales, the Rt Hon Victoria Prentis KC MP.

• Decision of the Court of Appeal in R (oaf Fiske) v Test Valley BC & Woodington Solar Ltd [2023] EWCA Civ 1495 dismissing an appeal against the decision of the HHJ Jarman KC who had dismissed the claimant’s application for judicial review of the Council’s decision to grant planning permission for development including the construction of a 132kV substation on land at Woodington Farm, East Wellow, on the ground that the Council failed to take into account the incompatibility of that planning permission with one previously granted.

• Decision of the High Court, Karen Ridge sitting as a Deputy High Court Judge, dated 15 December 2023 in R (oao Lidl Great Britain Ltd) v East Lindsey DC & Aldi Stores Ltd [2023] EWHC 3210 (Admin) on a renewed oral application to seek judicial review of the Council’s decision to grant planning permission to Aldi for retail development at Spilsby Road, Horncastle. Permission granted because two of the four grounds judged to be arguable.

• Decision of an inspector dated 3rd January 2024 allowing an appeal by A2 Dominion Developments Ltd against the refusal of the LB of Hounslow to grant full planning permission for part 2 and 3 storey development for a SEND school and 124 homes in 3 blocks ranging from 3 to 5 storeys. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.

This week our special guest is David Rudlin, Principal and a director of URBED (Urbanism Environment and Design), an Honorary Professor at Manchester University and past Chair of the Academy of Urbanism. In 2014 he was also the winner of the Wolfson Economics Prize. David is one of the authors of the Policy Exchange papers entitled ‘Planning Anew’.

Our Special Guest this week, returning for a fourth time, is Joanna Averley, Chief Planner at the Ministry of Housing, Communities and Local Government. We ask Joanna about the current and pending reforms to planning law and policy.

An Appeal Decision involving Churchill Retirement Living against Bournemouth Christchurch and Poole Council regarding planning permission for redevelopment to form a multigenerational community comprising 177 open market, affordable and retirement living apartments, 237 square metres of Class E commercial space, communal facilities, access, car parking, landscaping and all associated works at the former Southern Gas Network Site, Christchurch. The appeal was made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission.

A Decision of the Secretary of State for Transport on the proposed expansion of Luton Airport. The application would grant development consent for the expansion of London Luton Airport to enable an increase in overall passenger capacity to 32 million passengers per year. The application also includes the construction of a new passenger terminal, additional aircraft stands and associated redevelopment of existing facilities and infrastructure.

An Appeal Decision involving Galliford Try Investments (GTI) against the decision of Milton Keynes Council with the view to demolish a vacant 2-storey building (Class E) and the erection of a 33-storey building comprising commercial floor space (Class E) on the ground floor and mezzanine level with residential units on upper floors comprising up to 302 dwellings and associated works, at Jaipur and Orchard Lounge, 599 Grafton Gate, Milton Keynes. The appeal was made under section 78 of the Town and Country Planning (T&CP) Act 1990 (as amended) against a refusal to grant planning permission.

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Our Special Guest this week is Helen Barnard, Associate Director of the Joseph Rowntree Foundation.

Help Ukraine Emergency Appeal

Decisions of the Week:

• R (oao TV Harrison CIC) v Leeds City Council et anor [2022] EWHC 130 (Admin) a decision of the High Court dated 25th January 2022 allowing a second challenge to the refusal of the City Council  to include land in the list of assets of community value under s 87 of the Localism Act 2011.
  
• R (oao S Finch) v Surrey County Council et al [2022] EWCA Civ 187 a decision of the Court of Appeal dated 17th February 2022 dismissing an appeal against the decision of Holgate J who had dismissed a challenge to the decision of the mineral planning authority not to require EIA for crude oil extraction to include an assessment of the impacts of greenhouse gas emissions from the use of refined products of that oil.
  
• Decision of an inspector dated 18th February 2022 allowing an appeal by JBM Solar Projects 6 Ltd against the refusal of Newark & Sherwood District Council to grant permission for a solar farm & battery stations, raising landscape & heritage issues.
  
• Decision of an inspector dated 23rdth February 2022 allowing an appeal against the refusal of Thanet District Council to grant Gladman’s outline permission for up to 450 homes & associated infrastructure on a Strategic Housing Allocation in the local plan at Margate where there was no 5Yr HLS available and a failure to meet HDT. Heritage & impact on  Thames Coast & Sandwich Bay SPA & Ramsar site considered.

Our Special Guests this week are Brian May, CBE, PhD FRAS and Rock legend and Anne Brummer, CEO and Co-founder of the Save Me Trust. Brian is a founding member of Queen, a world-renowned guitarist, songwriter, producer and performer, also a Doctor of Astrophysics, campaigner for animal rights and a passionate advocate for political and social change. Brian, along with Anne, Co-founded the Save Me Trust.

Decisions of the Month:

• Decision of the Court of Appeal dated 15th October 2021 refusing permission to appeal by the London Borough of Hillingdon against the dismissal of a claim by Sir Duncan Ouseley for JR of a decision by an inspector on an appeal under paragraph 22 of Schedule 17 “Conditions of Deemed Planning Permission”, to the High-Speed Rail (London-West Midlands) Act 2017 (“the HS2 Act”) concerning lorry routing arrangements.
• Decision of an Inspector dated 18th October 2021 allowing Miller Homes’ appeal against the refusal by Fareham BC of an outline application for up to 350 homes at Porchester, an earlier appeal dismissed on highway grounds, NPPF issues relating to the effect of development upon Portsmouth Harbour Special Protection Area (SPA) and the Solent and Southampton Water SPA, heritage & absence of  5 yr HLS.
• Decision of an Inspector dated 25th October 2021 allowing Whitstable Oyster Company Limited’s appeal against enforcement notices issued by Canterbury City Council relating to construction of oyster trestles for cultivating and farming of oysters at Whitstable beach between the low and highwater mark. Issues centred on the effects of development on the ecology of the SPA and the Swale RAMSAR, economic benefits & marine safety & recreational activity.
• Decision of an Inspector dated25th October 2021 dismissing Gladman Development Limited’s  appeal for outline planning permission for up to 220 homes, refused by Uttlesford District Council, on agricultural land, on the northern side of Elsenham, outside the “development limits” of the local plan with boundaries along the M11 & West Anglia main line railway. Main issues relate to noise, BMV and the overall planning balance given a 3.1 HLS.

Our special guest this week is the world-class architect, artist, author, poet and founder of Ian Ritchie Architects and Rice Francis Ritchie, design engineers, Ian Ritchie CBE, RA Dip Arch (Dist), PCL, ARB, RIBA, RIAI, MIASBE, FRSA, FSFE, FSHARE, Hon FAIA, Hon FRIAS, Hon FRAM, Hon MCSA, Hon D Litt. Ian’s firm designed the glass pyramids and sculpture courts at the Louvre and the stainless steel Spire in Dublin.

Our Very Special Guest this week is Sir Howard Bernstein, former Chief Executive of Manchester City Council.

Court Judgments of the Week, both decisions of Holgate J

• Girling V East Suffolk Council & EDF & NNB [2020] EWHC 2579 a challenge to the grant of permission for major development in the AONB, replacement facilities related to Sizewell B, required as a precursor to a new Sizewell C nuclear power station raising issues about alternative sites and if the EIA was up to date. 
• London Historic Parks v Secretary of State HCLG [2020] EWHC 2580 a case relating to the proposed Holocaust Memorial in Victoria Tower Gardens; whether the requirements for independence and objectivity in Art 9a of the EU Directive are properly transposed and if so if the handling arrangements to deal with called-in applications comply with reg 64 (2) if the EIA Regs 2017.

Appeals of the Week

• Successful appeal for 105 C3 units scheme. An unsuccessful attempt to secure 505 dwellings on Green Belt land in Edinburgh.

 “Nudge of the week” and “Champion of the Week”

Anna is the Head of the Planning Advisory Service and has oversight of the whole programme of activity. She manages the team and client relationships. Anna is a member of the Improvement management team at the LGA.

Decisions of the Week:

• R (oao Save Stonehenge WHS) v Secretary of State Transport & Highways England & Historic England [2021] EWHC 1642. A decision of Mr Justice Holgate dismissing an interlocutory application to add an additional ground, & a related order for disclosure, to the claim seeking to quash the DCO consent for the A303 scheme at Stonehenge, ordered to be dealt with via a rolled up hearing.
• Decision of the Secretary of State  dated 23rd June 2021 dismissing an application, in accordance with the inspector’s recommendation, called in under S77, by U&I & The London Fire Commissioner into a mixed use scheme at Albert Embankment on a site allocated for redevelopment in the emerging Lambeth Local Plan, less than substantial harm identified to DHAs including to the OUV of the Palace of Westminster WHS & harm to living conditions of residents not outweighed by scheme benefits.
• Decision of an Inspector dated 23rd June 2021 allowing Keepmoat Homes  appeal against the refusal by Newark & Sherwood District Council of an application for 103 homes on an allocated greenfield site, where issues relating to density, proposed mix and living conditions were raised.
• Decision of an Inspector dated24th June2021 allowing William Davis Ltd’s appeal for up to 70 homes, refused by Charnwood Borough Council, on a site outside the limits of development defined in both the Local Plan and the Woods Village Neighbourhood Plan; issues related to BMV, loss of ridge & furrow ie non DHA & AH. & viability, amenity given nearby poultry farm & 5 or 3 year HLS.

In this impromptu special summer episode, we're discussing proposed changes to the NPPF as announced by the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, Angela Rayner on the 30th of July 2024.

The proposal is open for consultation for 8 weeks and more information on how to respond can be found here: https://www.gov.uk/government/consultations/proposed-reforms-to-the-national-planning-policy-framework-and-other-changes-to-the-planning-system

Episode resources can be found on our website here: https://havewegotplanningnewsforyou.com/discussing-the-proposed-reforms-to-the-national-planning-policy-framework-july-2024-update-s13-e6/

#HWGPNFY

This week we are joined by a very special guest Lord Matthew Taylor, a giant in the planning world – author of numerous seminal works including The Taylor report, aka “bonfire of the circulars”, a long-term champion of Garden Communities and part of the team that led to NPPF1 and PPG.

Our Special Guest this week is Jennie Daly, Group Operations Director & Executive Director at Taylor Wimpey PLC.

Decisions of the Week:

• Juden v London Borough of Tower Hamlets & Crest Nicholson & Secretary of State for HCLG [2021] EWHC 1368. A decision of Sir Duncan Ouseley allowing an application for judicial review quashing a decision to grant permission & listed building consent for residential development of the former London Chest Hospital, a Grade 11 LB in a Conservation Area involving the relocation of a veteran mulberry tree. Issues around the adequacy of the officer report, NPPF 195 & 196 & publication of consultation responses.
• R (oao Kinsey) V London Borough of Lewisham & City of London Corporation [2021] EWHC 1286. A decision of Mrs Justice Lang DBE quashing a permission for the demolition of two 1970s buildings & their replacement with taller building, part of the site lies in the Sydenham Hill Conservation Area. Heritage issues around the omission of significant parts of the conservation officer’s advice.
• Decision of an Inspector dated 14 May 2021 allowing Churchill Retirement Living Ltd’s appeal against the failure of Hart District Council to determine an application  planning permission for the redevelopment of the former Fleet Police Station for 31 retirement apartments on design grounds & impact of TBH SPA.
• Decision of an inspector dated17th May2021 dismissing an appeal against the former South Northants District Council’s refusal of an outline application for residential development on land outside, but adjacent to, the village settlement confines of Paulerspury. 

Our Special Guest this week is Chris Webber, Group Planning Manager at Barratt Developments PLC.

• Latest News Update on planning related matters.

• Decision of the High Court in Marks & Spencer PLC v SOSLUH&C & others [2024] EWHC 452 allowing a s288 challenge & quashing the SoS’s dismissal of M&S s78 appeal for the construction of a 9-storey new mixed office & retail store at the western end of Oxford Street.

• Decision of the High Court in R (oao Galloway) v Durham County Council & Lightsource SPV 215 Limited [2024] EWHC 367 allowing a JR & quashing the grant of a planning permission for an excessive number of solar panels thus able to generate a capacity of 50MW or more which could not be rescued by subsequent NMA to that application.

• Decision of a Planning Inspector dated 29th February 2024 to allow an appeal by Taylor Wimpey (UK) Ltd against the non-determination by Charnwood Borough Council to grant outline planning permission for up to 195 dwellings on a site outside the development limits of Syston which formed part of a proposed strategic allocation in the Pre-Submission Draft of the emerging Local Plan, currently at examination.

Our Very Special Guest this week is Lord Carnwath CVO, former UK Supreme Court Justice, now Associate Member of Landmark Chambers.

Court Judgments of the Week

• McGaw V Welsh Ministers [2020] EWHC 2588 (Admin)  a decision of Judge Jarman about the interpretation & limitations in Class E of the GPDO as it applies in Wales including  whether backfilling land lies outside Class E.
• R ( Lochailort Investments Ltd ) V Mendip District Council  [2020] EWHC Civ 1259 a Court of Appeal decision relating to land designated as local green spaces in Norton St Philip Neighbourhood Plan and the lawfulness of Policy 5 governing their development.

Appeals of the Week  

• DCO consent granted on 11 October by SoS for BE&IS for a 97km pipeline between Southampton & London applying a presumption in favour of oil pipelines & where the need for the project outweighed the harm. 
• A section 78 appeal decision letter  dated 7th October relating to 128 affordable dwellings on land outside the settlement boundary, off Aviation Lane, Burton on Trent.

“Nudge of the week” and “Champion of the Week”

Our Special Guest this week is Rachel Danemann MRTPI CIHCM AssocRICS, Planning Manager (Midlands & South West) Home Builders Federation.

• Latest News Update on planning related matters.

• Decision of the Court of Appeal dated 16th October 2024 in R (oao Save Stonehenge World) v Secretary of State for Transport [2024] EWHC 1227 (Admin), dismissing the appeal on grounds 1 to 5, allowing the appeal against refusal of permission on ground 6 but dismissing the claim itself.

• Decision of an inspector dated 30th October 2024 allowing Appeal A and dismissing Appeal B by Finebeam Ltd against the decisions of the Council of the London Borough of Newham to refuse applications for the demolition of 3 storey buildings & planning permission for 74 and 72 dwellings at Abbey House, Bakers Row, Stratford giving rise to issues on design, daylight & sunlight, heritage impacts on Abbey Gardens, a SAM, AH & HLS.

• Decision of an inspector dated 30th October 2024 dismissing an appeal by Gladman Developments Ltd Associated against the decision of the Cherwell District Council to refuse an outline application for up to 60 dwellings on land at Tadmarton Road, Bloxham, an unallocated site in the countryside– in large part a former quarry-in the context of issues on flood risk, noise, odour and water infrastructure.

Charlie Banner KC review proposes roadmap to speed up delivery of national infrastructure:

⁠https://www.gov.uk/government/publications/independent-review-into-legal-challenges-against-nationally-significant-infrastructure-projects/independent-review-into-legal-challenges-against-nationally-significant-infrastructure-projects⁠

Visit our Website: hwgpnfy.com

#HWGPNFY

This week our Special Guest is Peter Freeman, Chair of Homes England.

Decisions of the Week

• Decision of an inspector dated 22nd March 2021 allowing an appeal by Wates Developments against Tonbridge & Malling BC’s failure to determine their outline application for up to 250 homes on a greenfield BMV site; application of tilted balance due to lack of HLS.
• Decision of an inspector dated 29th March allowing Dylon 2 Ltd’s appeal granting full planning permission for the demolition of existing buildings & redevelopment for a four to eleven storey C3 development for 254 dwellings on MOL land where LPA had no 5 yr HLS & whether VSC demonstrated.
• Decision of the Secretary of State dated 31st March allowing an appeal by Bluescape Ltd for a part 6, part 7 storey development for 193 dwellings on a former police station & allocated site in the High St, Brentford in the face of NPPF 196 engagement & 20% AH.
• Decision of an inspector dated 13th April  2021 allowing Applegreen PLC’s appeal & refusing Moto Hospitality’s appeal against Harrogate BC’s refusals of their outline applications for permission for a MSA on the A1(M) raising issues around a need for a MSA, landscape & BMV issues, effects on highway safety, drainage, flood risk & impacts on DHA.

Our Special Guest this week is Clive Betts MP, Chair of the Levelling Up, Housing and Communities Committee which has published their report “Reforms to national planning policy”. Decisions of the Week

• Decision of the High Court dated 30th June 2023 in CG Fry & Son Ltd v SoSLUH&C & Somerset Council [2023] EWHC 1622 (Admin) dismissing a s288 challenge to an inspector’s decision dismissing a section 78 appeal against the refusal of Somerset Council to discharge certain conditions attached to a C3 planning permission because of a failure to provide an Appropriate Assessment under the 2017 Habitat Regulations in the context of NE’s concerns around nutrient neutrality.
• Decision of the High Court dated 30th June 2023 in Swindon BC v SoSLUH&C & Danescourt [2023] EWHC 1627 (Admin) dismissing a s288 challenge to an inspector’s decision allowing a developer’s appeal for up to 220 dwellings on land which formed part of a wider allocation of 8000 homes of which 6,800 had already received permission. Issues around the inspector’s approach to infrastructure.
• Decision of an inspector dated 14th June relating to enforcement appeals by Mr J Clarkson relating to Diddly Squat Farm and the alleged unlawful change of use to a mixed agricultural, café, restaurant, farm shop, parking & lavatory facilities (as corrected by the inspector). Issues raised as to the correct planning unit & breaches of planning control, the service of the notices & the inspector’s ability to correct defects in the enforcement notices on appeal. 
• Decision of Secretary of State for Levelling Up, Housing & Communities dated 20 July 2023 rejecting the inspector’s recommendation and refusing planning permission for the demolition of the Marks & Spencer’s store at 456-472 Oxford Street and erection of a new 2-basement, ground plus 9 storey missed use (Class E) building raising heritage and embodied carbon issues.

Our Special Guest this week is Pooja Agrawal is the Chief Executive Officer and co-founder of Public Practice. Public Practice is a not-for-profit organisation that builds the skills and capability of the public sector to improve the quality, equality and sustainability of places.

• Latest News Update on planning related matters.

• Decision of the High Court dated 13th November 2024 in White v Plymouth City Council [2024] EWHC 2854 (Admin), dismissing an application for contempt of court -made after a delay of 8 months - for allegedly interfering with the administration of justice relating to a decision to implement a redevelopment scheme comprising the felling of trees on Armada Way in March 2023.

• Decision of an inspector dated 11th November 2024 allowing an appeal a by Gladman Developments Ltd against the decision of the Central Bedfordshire Council to refuse an outline application for the erection of up to 170 dwellings including affordable housing with POS, landscaping, SUDs and access on an unallocated undeveloped site immediately adjoining the settlement of Langford. Issues around HLS, loss of BMV, heritage impacts and landscape impacts.

• Decision of an inspector dated 7th November 2024 allowing an appeal by M Scott Properties Ltd against the decision of the St Albans City & District Council to refuse an outline application for up to 95 dwellings on green belt land between Caravan Site and Watling Street, Park Street, St Albans, in the context of a 1.7 yr HLS on a site proposed to be allocated in the approved ELP, at the Reg 19 stage, VSC found.

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Kate Henderson is Chief Executive of the National Housing Federation (NHF), the voice of housing associations in England. Prior to joining the NHF in 2018 Kate was Chief Executive of the Town and Country Planning Association. Kate is passionate about tackling the housing crisis, inequality and climate change.

Decisions of the Month:

• Decision of the Secretary of State for LUH&C dated 11th November 2021 dismissing an appeal against the refusal of the City of London Corporation for a 305.3 m AOD building, the Tulip, comprising a mixed use visitor attraction, raising issues about the design process, the effects on multiple designated heritage assets, including a World Heritage Site & strategic views.
  
• Decision of the Secretary of State for LUH&C dated 11th November 2021 dismissing an appeal against the failure of Brighton & Hove City Council to determine an application, for a residentially led mixed use development in 3 buildings of 9-28 storeys, at Brighton Marina; raising issues of overall design, living conditions, character & appearance, including the setting of heritage assets and the South Downs National Park.
  
• Decisions of the Secretary of State for LUH&C dated 11th November 2021 allowing a full application made to St Helens Borough Council, referred under section 77 of the T&CPA 1990, granting permissions for the erection of B8 logistics warehousing close to the M62 in the Green Belt at Omega & Parkside together with essential infrastructure (Parkside Link Road). Main issues include harm to GB plus other identified harms, and if outweighed by need for employment land and public benefits, thus VSC.
  
• Decision of the Minister for Rough Sleeping & Housing dated18th November 2021, dismissing Westferry’s appeal against the failure of the London Borough of Tower Hamlets to determine their application for a mixed use scheme comprising 1524 C3 units & commercial uses following a reopened public inquiry. Main issues relate to effect on character & appearance, harm to heritage assets, a realistic fallback position, the lack of a 5 yr HLS & the overall planning balance.

Our Special Guest this week is Catriona Riddell FRPTI, Director of Catriona Riddell & Associates Ltd, Strategic Planning Specialist to POS, Vice-Chair of TCPA & member of RTPI England Policy Panel.

Decisions of the Week:

• Decision of the Court of Appeal in Tidal Lagoon (Swansea Bay) PLC v Secretary of State for BE&IS & Welsh Ministers & Swansea Council [2022] EWCA Civ 1579 dated 1st December 2022 dismissing an appeal against the failure of the court below to grant declarations that a DCO granted in 2015 had been lawfully commenced. Issues around the requirements stipulated in the DCO and sections 154 & 155 of the Planning Act 2008.
  
• Decision of the Secretary of State for Housing & Planning dated 5th December 2022 allowing an appeal by JBM Solar Projects 2 Ltd against the refusal by Mid Devon Council of an application for planning permission for the construction of ground-mounted solar PV panels to generate up to 49.9 MW on a 60.78hs site. Landscape effects, impacts on DHA, loss of BMV agricultural land, safety of a battery storage facility, BNG, & benefits all considered in context of development plan and NPPF. Inspector recommendation that permission be granted.
  
• Decision of the Secretary of State dated 7 December 2022 allowing an application made in 2017 by West Cumbria Mining Ltd following a referral under section 77 of the TCPA in March 2021 and a subsequent public inquiry in 2021 for a new underground coal mine, the refurbishment of two mine drifts leading to two new drifts, coal loading facilities & railway siding, new underground conveyor & associated development at Whitehaven in accordance with the inspector’s recommendation.
  
• Decision of the Secretary of State for BE&IS dated 7 December 2022 for the Keadby 3 (Carbon Capture Gas Fired Generating Station) Order for the construction, operation and maintenance of a new electricity generating station for up to 901 MW of gross electrical output under the Planning Act 2008, in accordance with the examining authority’s recommendation, on land within & adjoining the existing Keadby Power Station site, west of the village of Keadby and 7 km west of Scunthorpe.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Our Special Guest this week is Steve Quartermain CBE, the Government’s former Chief Planner.

Decisions of the Week:

• Decision of the Supreme Court in DB Symmetry Ltd & anor V Swindon Borough Council [2022} UKSC 33 dated 14th December 2022 dismissing an appeal against the decision of the Court of Appeal which declined to confirm that the Court of Appeal in Hall & Co Ltd V Shoreham-by-Sea UDC [1964] 1WLR 240 erred in law in that case that held that a LPA could not lawfully require a landowner by means of a planning condition to dedicate land as a public highway and thereby avoid the payment of compensation.
  
• Decision of the High Court in R (oao Philip Addison) V London Borough of Southwark & Anors  [2022] EWHC 3211 (Admin) dated 6th December 2022 dismissing  a challenge to the grant of planning permission for the redevelopment of Champion Hill Stadium & neighbouring astroturf pitch, raising issues about mistake of fact, failure to apply planning policy and failure to discharge the Public Sector Equality Duty.
  
• Decision of the Minister of State for Housing dated 14 December 2022 allowing an appeal made by Redrow Homes (Yorkshire) against the failure of City of York Council to determine an application for circa 970 dwellings, associated demolition, infrastructure, primary school, community facilities and A1 store on land allocated in the emerging Local Plan ST8, in the context of Huntingdon NP & the saved policies of the otherwise revoked Yorkshire & Humber RSS 2008. Land in GB and VSC demonstrated.
  
• Decisions of an inspector dated 28 November 2022 allowing one appeal by Berkeley Homes (Southern) Ltd against the decision of Guildford BC relating to a hybrid application on Lower Road Effingham for 4 self-build & 110 units and dismissing another appeal against the refusal of RMA for the erection of 99 dwellings on Howard of Effingham School. Land in GB, issues of viability raised.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

This week we are joined by Charlotte Morphet, joint Chair of Women in Planning. One of the most influential planners of her generation and champion of diversity issues.

Our Special Guest this week is Lord Ed Vaizey, politician, media columnist & commentator.

Decisions of the Week:

• Decision of the Supreme Court in Fearn et al v Board of Trustees of Tate Gallery [2023] SCUK 4 dated 1st February 2023 allowing, by 3-2, an appeal against the decision of the  Court of Appeal who had dismissed an appeal from Mr Justice Mann who  declined to grant an injunction based on the common law of private  nuisance to stop members of the public from using a viewing gallery  which afforded uninterrupted views into their glass walled flats.
  
• Decision of the Court of Appeal in R (oaf Whitley PC) v N Yorks CC & EPUK Investments Ltd [2023] EWCA Civ 92 dated  3rd February dismissing an appeal against the decision of Mr Justice  Lane who had dismissed a claim for JR of a decision to grant planning  permission for the extraction & export of pulverised ash based on  alleged errors in the officer report & the failure to consider  alternatives.
  
• Decision of High Court in Bristol Action Network Co-Ordinating Committee v SoS DLUC & Bristol City Airport dated 31st January 2023 challenging a decision of the appointed panel to allow a  s78 appeal by the Airport, against the decision of North Somerset  Council to refuse an application for the amendment of existing  conditions to increase capacity by 2 million passengers per year on  grounds related to emissions of greenhouse gases and impact on a SAC on  which horseshoe bats roost & breed. Issues raised include the  interaction/relationship with the CCA 2008 and local plan policy for the  airport.
  
• Decision of High Court in Armstrong V SOS DLUC & Cornwall Council [2023] EWHC 176 (admin) dated  27th January 2023 quashing a decision letter dismissing an appeal by Mr Armstrong against the decision of Cornwall Council to refuse an  application under section 73 of the TCPA 1990 to vary plans for  construction of a new dwelling under an extant planning permission on  the basis the application gave rise to a fundamental variation to the  permission even though it would not give rise to any conflict with the  description of the permission.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Our Special Guest this week is Julie James MS, Welsh Minister for Climate Change.

Decisions of the Week:

• Decision of an inspector dated 11th October 2022 concerning an appeal by Waddeton Park Ltd against the refusal by Exeter City Council to grant permission for an outline phased development of up to 100 dwellings on a greenfield site, raising issues about the effect of development in a strategic gap and the Exe Estuary SPA & Pebblebed Heaths SAC & SPA.
  
• Decision of an inspector dated 10th October 2022 allowing Bellway Homes Ltd’s appeals for residential development of 119 dwellings on phases 3 &4 and 183 dwellings on phase 5 against the refusals by Bolton MBC, both on land designated as “other Protected Land” in the Bolton Core Strategy. Issues raised about the impact on landscape character & visual impact of sites outside but abutting the settlement boundary.
  
• Decision of an inspector dated 4th October 2022 refusing to confirm the London Borough of Barking & Dagenham Council (Vicarage Field and surrounding land) Compulsory Purchase Order 2021 under section 226(1)(a) of the Town & Country Planning Act to facilitate, amongst other matters, the redevelopment of the Vicarage Field Shopping Centre. Viability of the scheme with outline permission not demonstrated by AA.
  
• Decision of an inspector dated 5 October 2022 allowing an appeal by Robert Hitchens Ltd against non-determination by Cheltenham Borough Council, of an outline application for up to 250 dwellings at Oakley Farm, Cheltenham in the Cotswold AONB. No 5 yr HLS. Three rule 6 parties. Issues raised around design, impact on character & appearance, impacts on designated heritage assets. Application of NPPF 177 re AONB & 202 re-designated heritage assets. Tilted balance, not displaced.

This week we are joined by Mark Southgate, the CEO of George Clarke’s educational charity, MOBIE. He is also a member of the RTPI General Assembly.

Court Judgments of the Week

• The Open Spaces Society v Secretary of State EF&RA EWCA [2021] Civ 241; the Court of Appeal dismissing an appeal against a decision of Lieven J which had confirmed that an inspector had not made an error of law when concluding it was expedient to confirm a footpath diversion order under section 119 of the Highways Act 1980.
• Leech Homes Limited v Northumberland County Council [2021] EWCA Civ 198; a decision of the Court of Appeal on an appeal from the Upper Tribunal raising issues about a CAAD & the basis of compensation of land, situated in the Green Belt, where the Council had no 5 yr HLS, acquired by compulsory purchase.
• Cheshire East v Mahoney et al  [2021]  EWHC 350; a decision ofMr Justice Turner in proceedings for contempt & seeking permanent injunctions prohibiting the occupation of land by members of the travelling community following the earlier grants of planning injunctions under section 187B of the 1990 T&CPA.

Plus “Praise of the Week” and “Nudge of the Week”

Our Special Guest this week is Helen Fadipe MRTPI, Founder and Chair of the BAME Planners Network.

Decisions of the Week:

• Decision of High Court in R(oaf CPRE (Somserset)) v South Somerset DC & ors [2022] EWHC 2817 dated 8th November 2022 allowing CPRE’s application for JR & quashing the grant of planning permission for 5 buildings to store carnival floats on open land in the countryside on account of the apparent bias and predetermination of two members who had declared their interests, Council’s Code of Conduct considered.
  
• Decision of the High Court in R (oaf Tesco Stores Ltd) v Allerdale BC & Lidl GB Ltd [2022] EWHC 2827, dated 8th November 2022 an attempt by Tesco to quash a decision to grant planning permission for a Lidl store on the basis of alleged failures in the officer’s report to properly interpret and apply local plan policy SA49 and S30.
  
• Decision of an inspector dated 11th November 2022 allowing an appeal by Inland Homes against non-determination by Basildon Borough Council of an application for the demolition of the Lodge & the construction of 47 dwellings with vehicular access at Maitland Lodge, Southend Road, Billericay in the Green Belt. 2007 Local Plan and March 2022 withdrawal of 2014-2034 Local Plan.
  
• Decision of an inspector dated 31st October 2022 allowing appeal by Luton Halls Properties Ltd against the refusal of Luton Borough Council, of an application for the conversion & change of use from sui generis student accommodation to 132 C3 flats and demolition of on site warden bungalow at Lea Halls, Bute Street, Luton. Issues around change of use in the context of the Luton TC Masterplan Framework, efficient use of land, living conditions and impact on character & appearance, public realm & accessibility to the town centre.

Our Special Guest this week is James Stevens MRTPI, Director of Cities for the Home Builders Federation.

Decisions of the Week:

• Decision of Humphreys J dated 31 May 2022 in R oao Mooreland & Owenvarragh Residents Association Group [2022] NIQB 40, a challenge to the grant of conditional planning permission for a new 34,186 seater stadium at Casement Park.
• Decision of the Minister For Environment, Government of Jersey dated 17 May 2022 to grant permission for a proposed new hospital at Overdale Site, Westmount Road, St Helier, Jersey in accordance with the recommendation of an independent planning inspector following the refusal of two earlier schemes.
• Decision of an inspector dated 30th May 2022 allowing an appeal for two warehouses of 16,115sq m against the non-determination of Three Rivers DC who originally raised issues relating to the impact of the proposal on hydrology, the Forester Moth & BNG but later accepted that permission should be granted leaving a Rule 6 party to contest the appeal.   

Our Special Guest this week is Grant Butterworth, Head of Planning at Leicester City Council.

• Latest News Update on planning related matters.

• Decision of a Planning Inspector dated 23rd January 2024 dismissing an appeal by PA Investments Ltd & PD Developments (Essex) Ltd against the failure of Basildon Borough Council to determine an application for demolition of 2 houses and outline permission up to 150 dwellings & a 5 bed care home on a site at Billericay, virtually all in the Green Belt, which had been allocated in the local plan, submitted for examination but subsequently withdrawn. 1.85 yr HLS. Issues around adverse landscape and visual impacts, impacts on the dormouse population. VSC not found.

• Decision of a Planning Inspector dated 26th January 2024 dismissing an appeal by Vistry Homes Ltd against the refusal of St Albans City & District Council to grant outline planning permission for up to 150 dwellings including AH & custom-build, on a greenfield site at Colney Heath within the Metropolitan Green Belt with emerging plan having undergone Reg 18 consultation. No 4 yr HLS. Issues around adverse landscape and visual impacts, flood risk, effects on heritage assets, accessibility, relevance of PDL & AQ. VSC not found.

• Decision of a Planning Inspector dated 31st January 2024 dismissing an appeal by Wulff Asset Management Ltd against the refusal of Erewash Borough Council to grant outline planning permission for up to 196 dwellings on a greenfield site at Stanton By Dale, Derbyshire, in the context of a 2.65 yr HLS & an emerging local plan proposing to designate the land as Green Belt.

Vice-President of the RSPB, Deputy Chair of Natural Resources Wales and member of the UK Joint Nature Conservation Committee, Steve Ormerod is Professor of Ecology at Cardiff University and has had a lifelong interest in the effects of global change on river ecosystems.

Decisions of the Week:

• Decision of High Court in R (oaf Hardcastle) v Buckingham Council & BDW Trading Ltd [2022] EWHC 2905 (Admin) dated 16th November 2022 dismissing a challenge to the grant of outline planning permission for residential development on a site abutting Maids Moreton where the Claimant contended the application should have been taken back to committee applying the Kides principle, breach of legitimate expectation, exceedance of delegated authority & an error in EIA screening.
• Decision of an inspector dated 24th November 2022 dismissing an appeal by CG Fry & Son against the non-determination by Somerset West & Taunton Council of the discharge of conditions on a phased housing development based on the absence of an Appropriate Assessment under the Habs Regs 2017 & the application of NPPF 181. The appeal site lies in the Somerset Levels & Moors SPA & Ramsar Site where the interest features are considered to be unfavourable and at risk of eutrophication caused by excessive phosphates.
• Decision of an inspector dated 23rd November 2022 dismissing an appeal by Miller Homes Ltd & Bargate Homes Ltd against the non-determination by Fareham Borough Council, of an application for outline planning permssion for up to 375 dwellings on for four field parcels lying in the Strategic Gap between Fareham and Stubbington. Issues at inquiry focused on the impact of the proposal on the character and appearance of the area and consistency with the adopted strategy for the location of new housing. Site had been in Reg 18 of emerging local plan but attracted 500 objections. Other appeals decisions considered. No 5 yr HLS.
• Decision of an inspector dated 22 November 2022 dismissing an appeal by Christchurch Land & Estates (Melton) Ltd against the refusal of East Suffolk Council, of an application for an 80 bedroom C2 home and 72 assisted care bungalows. Issues around suitability of location having regard to its location in the countryside and access to services and facilities, the need for specialist accommodation, effect on the character and appearance of the area & the suitability of the accommodation given its initial lack of 1 bed units in the face of the Council’s SHMA assessment.