Have We Got Planning News For You – Details, episodes & analysis

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/

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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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havewegotplanningnewsforyou.com

Our Special Guest this week is Andreas Markides, Chairman of Markides Associates & Author of Urban Myths.

Latest News Update on planning related matters.

• Decision of the Court of Appeal in R (oaf Substation Action Save East Suffolk Ltd) v Secretary & State for Energy Security & Net Zero & others [2024] EWCA Civ 12 dismissing an appeal against the decision of the Lang J who had refused a claim for judicial review of two decisions by the first respondent to make development consent orders under section 114 of the Planning Act 2008 for two nationally significant infrastructure projects for onshore and offshore windfarms. The first ground of challenge relates to flood risk and the application of the sequential test, the second, to the decision on the cumulative impacts.

• Decision of the High Court, Holgate J dated 17 January 2024 in R (oao Aysen Dennis) v London Borough of Southwark & Notting Hill Genesis [2023] EWHC 3210 (Admin) who granted an application for judicial review quashing the Council’s decision under section 96A to make a non-material amendment to an outline planning permission for the phased redevelopment & regeneration of the Aylesbury Estate on the grounds that the introduction of “severable” was material.

• Decision of a Planning Inspector dated 17th January 2024 to dismiss an appeal by Templeview Developments Ltd against the refusal of Milton Keynes Council to grant full planning permission for the change of use of agricultural land to a linear park, new access road and stopping up and outline planning permission for 277 C2 extra care apartments, a 70 bed care home, 41 retirement bungalows & up to 196 C3 homes. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.

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

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.

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.

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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Our Special Guest this week is Stacey Robins, Head of Planning & Environmental Services for Wealden District Council.

Episode Resources on HWGPNFY.com

• Latest News Update on planning related matters.

• Decision of the Secretary of State for LUH&C on a recovered appeal dated 15th November 2023 disagreeing with the inspector’s recommendation and allowing an appeal by the Ministry of Justice against the decision of Harborough DC to refuse planning permission for a new Category B prison of up to 82,555 m2 GEA within a secure perimeter fence at HMP Gartree, Market Harborough.

• Decision of an inspector dated 30th November 2023 allowing an appeal by Lendlease against the refusal of the LB of Southwark to grant full planning permission for an 18-storey commercial building on plot H1, Elephant Park – “the last piece of the jigsaw” relating to the former Heygate Estate-designed by architects ACME. Issues around history, land use & impact of development.

• Decision of the Department of Energy Security & Net Zero dated 28th November 2023 granting the Slough Multifuel Extension Order, a development consent order under section 114 of the Planning Act 2008, the effect of which was to increase the efficiency & output of a previously consented energy from waste generating station capacity for up to 50 megawatts (MW) to 60 MW. The works proposed would be largely confined to within the already permitted boiler house and wind turbine.

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 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.