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Have We Got Planning News for You - Season 4

Location: Online

08 July 2021

Each week on Have We Got Planning News for You, the panel - Charlie Banner QC, Paul G Tucker QC, Mary Cook, Sasha White QC and Christopher Young QC - discuss the latest developments in planning law and policy from the week. Episodes from previous series are available on Have We Got Planning News For You YouTube Channel.

 

Past Episodes

Clive Betts MP, Chair of Housing, Communities & Local Government Committee (S4 E10) - 8 July 2021 Decisions of the Week:

  • Mark McGaw v Welsh Ministers [2021] EWCA Civ 976 a decision of the Court of Appeal dismissing an appeal against the decision of HH Judge Jarman QC who had allowed an appeal against the decision to refuse the Claimant’s appeal against Swansea Council’s refusal of a certificate of lawful use or development under class E of Schedule 2 of the T&CP(GPD) Order 1995 as it applies in Wales.
  • Valero Logistics UK LTD v Plymouth City Council & Halo Aviation Ltd [2021] EWHC 1792 (Admin) a decision of Mrs Justice Thornton DBE dismissing a claim by an adjoining COMAH site operator challenging the grant of planning permission for development comprising a change of use to commercial heliport at Victoria House, Cattedown Road, Plymouth raising issues about planning & other regulatory regimes.
  • Decision of an Inspector dated 25th June 2021 allowing Senior Living’s appeal against the decision of South Oxfordshire District Council to refuse a hybrid application for a C2 use of 133 units & 73 assisted living units & an outline application for up to 60 units assisted living units at Sonning Common in the Chilterns AONB.
  • Decision of an Inspector dated 29th June 2021 allowing Redrow Homes’ appeal against the refusal by London Borough of Merton Council of an application for 456 homes in 2 blocks of between 7 and 15 storeys on a PDL site occupied by a vacant commercial building & car park, where issues relating to character & appearance, parking & HLS were raised.

Recording: https://youtu.be/aKnddxSe_pI *** Anna Rose MRTPI, Head of Planning Advisory Service (S4 E9) - 1 July 2021 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 dated 24th June 2021 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 Wolds Village Neighbourhood Plan; issues related to BMV, loss of ridge & furrow ie non DHA & AH. & viability, amenity given nearby poultry farm & 5 or 3 yr HLS.

Recording: https://youtu.be/kY6a2Bo7ha4 *** Paul Brocklehurst, Chairman of Land Promoters & Developers Federation, Former Chief Executive of Catesby Estates plc (S4 E8) - 24 June 2021 Decisions of the Week:

  • Bansal v Secretary of State HCLG & London Borough of Hounslow [2021] EWHC 1604. A decision of Mrs Justice Lang DBE dismissing a claim under section 289 against the decision of an inspector to dismiss the Appellant’s appeal against an enforcement notice in respect of the unauthorised conversion of a property into two flats.
  • R (oao Danning) v Sedgemoor District Council [2021] EWHC 1649. A decision of Mrs Justice Steyn dismissing a claim for judicial review of the decision to grant planning permission for the change of use of a pub to a residential dwelling raising Equality Act issues & matters of related to the interpretation & application of policy.
  • Decision of an Inspector dated 15th June 2021 allowing Fairview New Homes  appeals against the non-determination by Epping Forest District Council of applications for 139 and 287 homes on former playing fields, identified for housing in an emerging local plan, where tilted balance engaged due to a lack of 5 yr HLS.
  • Decision of an Inspector dated 17th June 2021 allowing an appeal for up to 322 dwellings, refused by Newark & Sherwood District Council, on former industrial land, identified in a SHLAA, raising viability issues, unable to support affordable housing & infrastructure contributions.

Recording: https://youtu.be/n5NHSYsEpWI *** Tony Juniper  CBE, Chair of Natural England, Chartered Environmentalist, Author & Campaigner (S4 E7) - 17 June 2021 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 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 dated 8th June 2021 dismissing appeals for 75 and 115 dwellings against the failure of Fareham Borough Council to determine outline applications for residential development in circumstances where the plan was more than 5 years old & a higher SM requirement figure was invoked, no 5 yr HLS demonstrated and policy DSP40 in play providing a mechanism for release through a LP review.

Recording: https://youtu.be/llzTn8m9EmA *** Jennie Daly BA (Hons) BPI, MRTPI, Group Operations Director at Taylor Wimpey Plc and Non-Executive Director of the Peabody Trust (S4 E6) - 27 May 2021 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 II 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 a 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 14th May 2021 allowing Churchill Retirement Living Ltd’s appeal against the failure of Hart District Council to determine an application for 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 dated 17th May 2021 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.

Recording: https://youtu.be/u4FCTou9UwQ *** Christine Thorby, DipTP MRTPI IHBC, Director of Strategy and Head of the Planning Inspector Profession, the Planning Inspectorate (S4 E5) - 20 May 2021 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 dated 12 May 2021 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.

Recording: https://youtu.be/U7x3cvlIaAY *** Catriona Riddell, MRTPI, Strategic Planning Specialist for the POS (S4 E4) - 13 May 2021 Decisions of the Week:

  • Secretary of State for Transport & Curzon Park Ltd et al [2021] EWCA civ 651 a Court of Appeal decision dismissing an appeal of the decision of the Upper Tribunal (Lands Chamber) on a preliminary issue of law about whether other certificates of appropriate alternative development are to be treated as material planning considerations in determining a CAAD.
  • Sefton Borough Council v Secretary of State for HC&LG et al [2021] EWHC 1082 a High Court decision challenging the decision of an inspector to quash enforcement notices and allow the deemed ground of appeal for inappropriate development in the GB, raising issues on interpretation of NPPF 143 & 144.
  • R (oaf Corbett) v Cornwall Council [2021] EWHC 1114 another decision of the High Court relating to a failed attempt to quash a planning permission for a house at Trevarrian Hill granted based on an allegedly misleading officer report the meaning of the words “immediately adjoining”.
  • Decision of an inspector dated 4th May 2021 dismissing an appeal against the decision of Tendring District Council to refuse planning permission for a change of use to create a retirement park by allowing residential use of caravans based on the adverse impact on tourism and harm to the settlement pattern.

Recording: https://youtu.be/jybpZIcf0T4 *** Baroness Hale of Richmond, Former President of the Supreme Court (S4 E3) - 6 May 2021 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.

Recording: https://youtu.be/q7bHpRczVCQ *** Crispin Truman OBE, Chief Executive of the CPRE (S4 E2) - 29 April 2021 Decisions of the Week:

Recording: https://youtu.be/DzC0k5iKGkY *** Peter Freeman, Chair of Homes England (S4 E1) - 22 April 2021 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.

Recording: https://youtu.be/ioKxc2ypIUU

Joining Instructions 

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Speakers

Lord Banner KC
Charles Banner KC