03 March 2022
Have We Got Planning News for You's live show is now monthly at 5:00pm one Thursday of each month. 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. Additional recorded content including fortnightly case updates will be posted to HWGPNFY's YouTube Channel, Spotify and Apple podcasts. You can catch up with previous series here.
Episodes
Helen Barnard, Associate Director of the Joseph Rowntree Foundation (S6 E4) - 3 March 2022 Decisions of the Month:
- 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 and Sherwood District Council to grant permission for a solar farm and battery stations raising landscape and 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 and 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 and impact on Thames Coast and Sandwich Bay SPA and Ramsar site considered.
Tim Crawshaw MA MRTPI FRSA, President of the Royal Town Planning Institute (S6 E3) - 17 February 2022 Decisions of the Month:
- 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 and GP surgery and 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 and 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 and 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.
Victoria Geoghegan, President of the Planning Officers Society (S6 E2) - 3 February 2022 Decisions of the Month:
- Richards v Environment Agency [2022] EWCA Civ 26 a decision of the Court of AppeaL dated 17th January 2022 allowing an appeal and 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 and car parking in the Green Belt following an earlier beauty parade of 3 applications, assessing their effect on landscape character and appearance.
Nigel Appleton MA (Cantab), Executive Chairman Contact Consulting (Oxford) Ltd (S6 E1) - 20 January 2022 Decisions of the Month:
- London Borough of Barking & Dagenham et al v Persons Unknown [2022] EWCA Civ 13 decision of the Court of Appeal dated 13th January 2022 allowing an appeal and clarifying that the court can grant final injunctions that prevent persons unknown from occupying and trespassing on local authority land.
- R (oao Ashchurch PC) v Tewkesbury BC [2022] EWHC 16 (Admin) decision of Mr Justice Lane dated 7th January 2022, 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 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 and 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 and the effect of landscape character and appearance.
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