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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 […]

By Roy Pinnock
  • Development
  • Equalities Duties
  • Judicial Review
  • Planning Appeals

Troubled waters – Equalities Duty and Alternative Sites Failings Fatal

The public sector equality duty under Section 149 of the Equality Act 2010 (PSED) is playing an increasing role in […]

By Roy Pinnock
  • Housebuilding
  • Judicial Review
  • Planning Appeals
  • Planning Guidance
  • Planning Permission
  • Planning Policy

High Court allows relaxed view of needs on appeal

The High Court has adopted a flexible approach to dealing with ‘objectively assessed needs’ (OAN) on a planning appeal in […]

By Roy Pinnock
  • Housebuilding
  • Housing and Planning Bill
  • Localism
  • Neighbourhood Plans
  • Planning Appeals
  • Planning Guidance
  • Planning Policy

Neighbourhood watch

Neighbourhood Planning remains a political priority and is one of the areas for which Planning Policy Guidance has recently been […]

By Lucy McDonnell
  • Affordable Housing
  • Housebuilding
  • Housing and Planning Act
  • Judicial Review
  • Planning Appeals
  • Planning Guidance
  • Planning Obligations
  • Planning Permission
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Affordable snakes and ladders on small sites

The judgment in the battle of wills over the Government’s small sites affordable housing and Vacant Building Credit policies has […]

By Roy Pinnock
  • Development
  • Housebuilding
  • Housing and Planning Bill
  • Judicial Review
  • Localism
  • Neighbourhood Plans
  • Planning Appeals
  • Planning Guidance
  • Planning Permission
  • Planning Policy

Putting the Neighbourhood Plan cart before the Local Plan horse

The Court of Appeal has granted permission for the first Neighbourhood Plan case to be heard by it on appeal. […]

By Lucy McDonnell
  • Affordable Housing
  • Development
  • Housebuilding
  • Judicial Review
  • Planning Appeals
  • Planning Conditions
  • Planning Obligations
  • Planning Permission

Sun will go down on section 106BA/BC numbers game appeals

We have commented on the initial impact of the changes to the Section 106 regime made by the Growth and Infrastructure […]

By Roy Pinnock
  • AONB
  • Development
  • Habitats and Species
  • Planning Appeals
  • Planning Guidance
  • Planning Permission

Court rejects 5 year housing land supply argument in AONB harm case

In Wealden District Council v Secretary of State for the Communities and Local Government [2016] EWHC 246 (Admin), the local […]

By Roy Pinnock
  • Fracking
  • Planning Appeals
  • Planning Guidance
  • Planning Permission
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  • Shale Gas

Shale on hold?

We noted in January that planning appeals would be important for shale gas exploration this year. Cuadrilla submitted its appeals […]

By Roy Pinnock
  • Development
  • Housebuilding
  • Localism
  • Neighbourhood Plans
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  • Planning Guidance
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  • Prematurity

Inspector’s decisions and the kitchen sink

The recent decision in Villages Action Group v Secretary of State for Communities and Local Government highlights the need to […]

By Lucy McDonnell
  • Basement Development
  • Development
  • Judicial Review
  • Planning Appeals
  • Planning Guidance
  • Planning Permission
  • Planning Policy

Tip of the iceberg?

The controversy around basement extensions continues. In the same month that barristers’ Chambers Lincolns Inn proposed a subterranean facility and […]

By Lucy McDonnell
  • Development
  • Housebuilding
  • Localism
  • Neighbourhood Plans
  • Planning Appeals
  • Planning Guidance
  • Planning Permission
  • Planning Policy
  • Prematurity

Prematurity back in its box again

The publication of the NPPF in March 2012 raised questions about the approach to prematurity.  Refusal on prematurity grounds has […]

By Roy Pinnock

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