The pendulum swings: case comment on David Wylde and Other v Waverley Borough Council (9 March 2017)
A new judicial review case concerning the interface of development agreements, judicial review and public procurement has recently been decided […]
Development
Court of Appeal Confirms Full OAN Benchmark for Sensitive Area Developments
We commented on Knight Developments saga applying for 100 homes in the Ashdown Forest last year. Although upholding the High […]
Amalgamation of units still at risk
As we have noted previously, the Town and Country Planning Act 1990 (“TCPA”) is clear that the conversion of a […]
Autumn Statement: mood music?
In the absence of the Housing White Paper, the industry is still left needing to mind the gap. We have […]
Vacant Building Credit – an own goal?
Vacant Building Credit (VBC) was re-introduced into the NPPG in May 2016 to less vocal opposition than it faced when […]
Improving the use of Planning Conditions?
Too many unnecessary and overly restrictive conditions are still routinely attached to planning permissions, driving up costs and impeding development. […]
CPO – gentrification or regeneration?
The recent refusal by the Secretary of State to confirm Southwark Council’s CPO for the next phase of the Aylesbury […]
High Court clarifies application of presumption in favour in heritage harm case
The High Court has provided further guidance on the application of the presumption in favour of sustainable development (paragraph 14 […]
Troubled waters – Equalities Duty and Alternative Sites Failings Fatal
The public sector equality duty under Section 149 of the Equality Act 2010 (PSED) is playing an increasing role in […]
Timely delivery for regeneration projects
The Winchester Silver Hill scheme was based on a development agreement between Winchester City Council and a developer for a […]
Ready, steady… build!
On April Fool’s Day, we suggested – with a perfectly straight face – that the conditions may be in place […]
Transport and Works Act Order upheld in heritage case
In Whitby v Secretary for Transport & Ors [2016] EWCA Civ 444 the Court of Appeal has given its reasons […]