Have We Got Planning News For You

By HWGPNFY

Have We Got Planning News for You is a light-hearted review of the last two weeks developments by six barristers from across the Planning Bar: Paul Tucker KC, Sasha White KC, Thea Osmund-Smith, Victor... more

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FAQs about Have We Got Planning News For You:

How many episodes does Have We Got Planning News For You have?

The podcast currently has 123 episodes available.

Have We Got Planning News For You episodes:

January 28, 2021Discussion about Virtual Events (S3 E3)
We take a deep dive on some cases and discuss virtual events and our thoughts on them.
Court Judgments of the Week
R (oao Client Earth) v Secretary of State BE&IS & Drax Power Limited [2021] EWCA Civ 43 a decision of the Court of Appeal dismissing an appeal from the decision of Holgate J who had dismissed a claim for JR of the decision to grant a DCO for a NSIP for two gas-fired generating units at Drax Power.

R (oao Asda Stores Ltd) v Leeds City Council & Commercial Development Project Ltd [2021] EWCA Civ 32 a decision of the Court of Appeal dismissing an appeal from the decision of Lieven J who had dismissed a claim for JR of the decision to grant permission for a mixed use retail led development at the former Benyon Centre based on an alleged misinterpretation of NPPF [90].

Parkview Homes Limited v Chichester District Council [2021] EWHC 59 a successful challenge to the grant of permission on an A3 change of use “extension of hours “application via s73 under delegated powers raising amenity/noise issues.

A decision of the Secretary of State for Transport dated 19 January 2021, in accordance with the recommendation of the Examining Authority, granting Highways England a DCO to widen the A1 from 3 lanes to 4 between J68 & J65 of the A1 at Gateshead to support future development at the Team Valley Trading Estate
Decision of the Week
Monkhill Ltd, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWCA Civ 74
Plus “Praise of the Week” and “Nudge of the Week”
...more
1h
January 21, 2021Stephen Hunt MRTPI, Head of Planning & Development Management, East Riding of Yorkshire Council (S3 E2)
Our Special Guest this week is Stephen Hunt MRTPI, Head of Planning & Development Management, East Riding of Yorkshire Council whose Local Plan won the Planning Award for plan-making.
Court Judgments of the Week
Ikram v Secretary of State HC&LG & Hussain & others V London Brent BC [2021] EWCA Civ 2 two related decisions of the Court of Appeal dismissing appeals from decisions of Lang J by which she granted a statutory application to quash a planning permission and a claim for judicial review of the decision by the inspector to quash and enforcement notice; issues around the use of an obligation to correct errors made in a decision to grant permission for a mixed use for residential and community centre/place of worship.

Finch V Surrey CC, Horse Hill Developments & Secretary of State HC&LG & Friends of the Earth [2020] EWHC 3559 a claim for JR raising the question whether an ES requires an assessment of the greenhouse gases emissions from the use of an end product said to have originated from that development.
Decisions of the Week
An inspector’s decision dated 7 January 2021 dismissing an appeal for 195 C3 homes on St Johns Nursery site in Clacton On Sea against Tendring District Council’s refusal, raising issues around highways & impact on character & appearance, applying an ordinary planning balance.

An inspector’s decision dated 15th January 2021 allowing an appeal for the demolition of 70 ex National Coal Board “Airey houses” made of pre-cast concrete C3 units and erection of 70 new C3 units in Oulton against Leeds City Council’s refusal; raising the PSED under section 149 of the Equality Act 2010, viability of refurbishment & repair and impacts on the community & non designated heritage assets.
Plus “Praise of the Week” and “Nudge of the Week”
...more
57min
January 14, 2021Jerry Youle MRTPI, PINS Inspector and Professional Lead for Local Plans (S3 E1)
Court Judgments of the Week
Gluck v Secretary of State HC&LG & Crawley BC [2020] EWCA Civ 1756 a decision of the Court of Appeal dismissing an appeal of the decision of Holgate J who had decided that the 56-day period for prior approval in paragraph W(11) of part 3 of schedule 2 to the GPDO 2015 could be extended by agreement.

R (Hewitt)V Oldham Metropolitan Borough Council & Russell Homes (UK) Ltd [2020] EWHC 3405 a claim for JR by a local councillor against the grant of a planning permission in the context of the application of NPPF 11(d)(ii), 196, harm to a valued landscape and consistency in decision-making.

Swale Borough Council v Secretary of State HC&LG & Attwood & Partners [2020] EWHC 3482 an unsuccessful challenge to a decision awarding costs to an appellant in respect of issues relating to affordable housing & highways.
Decision of the Week
Bellway Homes vs Maidstone Borough Council regarding planning permission granted for residential development for 421 dwellings with associated access, infrastructure, drainage, open space and landscaping at Land West of Church Road, Otham, Kent ME15 8SBin accordance with the terms of the application, Ref 19/506182/FULL dated 6 December 2019.
“Nudge of the week” and “Champion of the Week”
...more
1h 5min
December 24, 2020 RTPI Young Planners Conference 2020 Special (S2 E14)
RTPI are a leading membership organisation and a Chartered Institute responsible for maintaining professional standards and accrediting world class planning courses nationally and internationally.
This extra episode with Special Guest Laura Archer, Chair of the Young Planners was recorded for the RTPI Young Planners Conference and originally aired on the 11th of November 2020.
#YPConf20
...more
51min
December 17, 2020Clare Miller, CEO of Clarion Housing Group (S2 E13)
Our Special Guest this week is Clare Miller CEO of Clarion Housing Group, the largest provider of affordable housing.
Planning decisions of the week
The decision of the Supreme Court in R (oao Friends of the Earth Ltd) v Heathrow Airport Ltd [2020 ] UKSC 52 and whether the failure to take account of the Paris Agreement renders the designation of the Airports National Policy Statement unlawful. To be handed down on 16 December 2020.

A decision of Mrs Justice Lang in R(oao Wyeth-Price) v Guildford BC & Bewley Homes [2020] EWHC 3355 (Admin) quashing a permission due to legal errors in the officer report in the way it dealt with the impact of the proposals for housing on designated heritage assets.

An inspector’s decision 7th December dismissing an appeal against the refusal of South Northamptonshire Council to grant permission for up to 330 homes on a site outside the urban area due to the effects upon the need to travel.

An inspector’s decision 9th December allowing an appeal for an electric car charging service station at Lower Slaughter, against the refusal of Cotswold District Council on an existing scrapyard & haulage depot.

An inspector’s decision 8th December dismissing an appeal against the refusal of the London Legacy Development Corporation to allow an application for a mixed use scheme of four buildings 6 to 18 storeys high on design grounds.

An examiner’s report dated 9th December to West Horsham District Council on the West Grinstead Neighbourhood Development Plan and the proposed Local Gap & Local Green Space designations.
“Nudge of the week” and “Champion of the Week”
...more
57min
December 10, 2020Richard Bacon MP (S2 E12)
Our Special Guest this week is Richard Bacon, the MP who brought forward a Private Members Bill that became the Self-build and Custom Housebuilding Act.
Planning decisions of the week
An inspector’s decision 2nd December dismissing an appeal against the refusal of Bedford Borough Council to grant permission for up to 400 homes on a site outside the urban core, with issues about HLS & NPPF para 11, impact on the setting of a SAM & heritage assets, archaeology, BMV.

An inspector’s decision 25th November allowing an appeal for 50 homes at Finchingfield, against the refusal of Braintree District Council on a site outside the ancient village with listed buildings and beyond the conservation area, issues about impact on the countryside but no 5 year HLS.

An inspector’s decision 3rdDecember dismissing an appeal against the refusal of the London Borough of Wandsworth to grant permission for a mixed use scheme of four blocks four storeys high on employment land raising issues about the effect of development on the living conditions of neighbouring residential properties, effects on a Conservation Area & locally listed building.

An inspector’s decision 3rd December dismissing an appeal for 25 homes against Central Bedfordshire Council’s decision on a site outside the settlement envelope of Haynes, a Large Village, impacts on character & appearance of the countryside, designated heritage assets & a pre NPPF development plan.
Plus “Praise of the Week” and “Nudge of the Week”
...more
1h 2min
December 03, 2020Duncan Wilson OBE, Chief Executive of Historic England (S2 E11)
Our Special Guest this week is Duncan Wilson OBE, Chief Executive of Historic England.
Court Judgments of the week
R (oao Whitehead) v Mid Sussex DC & Gleeson Strategic Land [2020]EWHC 3166 a decision of Mrs Justice Laing dismissing an application for JR of a decision to grant outline permission for up to 500 dwellings, on a strategic site at Copthorne, with no on site G&T provision, but a financial contribution for offsite provision.

R (oao Wingfield) v Canterbury City Council & Redrow Homes (South East) [2020] EWCA Civ 1588 a decision of the Court of Appeal under CPR 52.30 (1) refusing to reopen orders refusing permission to appeal against the Council’s decision to grant permission for development on the east side of Canterbury.

Flaxby Park Ltd v Harrogate BC, Secretary of State for CLG et al [2020] EWHC 3204,a decision of Mr Justice Holgate on a section 113 local plan challenge to policy DM4 identifying Green Hammerton/Cattal as a broad location for a new settlement based on failures to comply with the SEA Directive.
Decision of the week
An inspector’s decision 25th November 2020 allowing an appeal against the refusal by a waste authority to grant permission on a section 73 application to increase throughout of green waste from 8,000 to 23,500 tonnes per annum at Blackbirds Lane, Aldenham, Hertfordshire.
Plus “Praise of the Week” and “Nudge of the Week”
...more
1h 8min
November 26, 2020Andy Street CBE, Mayor of the West Midlands Combined Authority (S2 E10)
Our Special Guest this week is Andy Street CBE, Mayor of West Midlands Combined Authority, former Managing Director of John Lewis.
Court Judgments of the week
Morris Homes Limited V Cheshire West & Chester Council [2020] EWCA Civ 1516 – an unsuccessful challenge to the Court of Appeal about the lawfulness of a decision of an independent expert appointed pursuant to a 106 obligation to assess affordable housing contributions & whether it was conclusive & binding.

RSBS Developments Ltd v (1) SSHC&LG & Anor [2020] EWHC 3077 – a decision of Mrs Justice Laing dismissing appeals to an inspector’s decision under section 288 & 289 of the TCPA 1990 relating to the conversion of former offices to flats for residential use & external alterations to the premises.
Decisions of the week
Secretary of State decision dated 12 November contrary to the inspector’s recommendation, dismissing an appeal for the comprehensive redevelopment of Anglia Square Norwich with a residentially led mixed use scheme on account of design & heritage impacts.

An inspector’s decision 20 November allowing an appeal against the refusal of permission for a 10-storey mixed use building including a hotel, B1a & B2 use on SIL allocated land at Park Royal, London which raise land use & heritage issues.
Plus “Praise of the Week” and “Nudge of the Week”
...more
55min
November 19, 2020Priya Shah, Founder of BAME in Property (S2 E9)
Our Special Guest this week is Priya Shah, Founder of BAME in Property, an organisation for BAME and non-BAME professionals who are passionate about increasing ethnic diversity in the property and planning sectors. Priya is also a Consultant at Grayling specialising in stakeholder engagement and community consultation in the built environment.
Court Judgments of the Week
R (Hawkhurst Parish Council) v. Tunbridge Wells BC [2020] EWHC 3019 (Admin) – unsuccessful JR challenge to the grant of planning permission for a McCarthy and Stone care home on highways, heritage and AONB grounds..

Sevenoaks District Council v. SSHCLG [2020] EWHC 3054 (Admin) – Sevenoaks DC’s’ unsuccessful challenge to the conclusion of the Inspector appointed to examine their Local Plan that they had failed to comply with the Duty to Co-Operate.

R (Rights: Community: Action Ltd) v. SSCHLG – judgment of Lewis LJ and Holgate J due to be delivered on Tuesday on the JR challenge to the amendments to the GPDO and Use Classes Order.
Decision of the week: grant of DCO for the A303 Stonehenge Tunnel upgrade scheme.
“Nudge of the week” and “Champion of the Week”.
...more
1h 4min
November 12, 2020Nicholas Boys Smith, Director of Create Streets (S2 E8)
Our Special Guest this week is Nicholas Boys Smith founding Director of Create Streets, interim Chair of Building Better, Building Beautiful & Task Force Member advising Government on the Planning White Paper. Nicholas has recently been appointed as the head of the new national design body soon to be launched.
Court Judgments of the Week
Hillside Parks Ltd v. Snowdonia National Parks Authority [2020] EWCA Civ 1440 a Court of Appeal decision concerning the ‘Pilkington’ principle regarding successive planning permissions relating to the same site, and the status of a planning permission granted in 1967.

Roao Barry Zins v East Suffolk Council & others [2020] EWHC 2850 a challenge to the conditional grant of permission for the creation of a lake & reuse of excavated material on site on grounds that the officer report materially misled on the noise effects & alleged heritage benefits.
Appeals of the Week
A section 78 inspector decision relating to 93 dwellings on a green field site on the edge of Sutton Courtenay, Abingdon. Issues included the effect of the OHGD and WMS 12/9/2018 on HLS.

A Secretary of State decision dated 2 November 2020 relating to a July 2018 application for a National Distribution Centre by Liberty Properties & Eddie Stobart agreed to be an inappropriate development in the Green Belt.
“Nudge of the week” and “Champion of the Week”.
...more
1h 3min

FAQs about Have We Got Planning News For You:

How many episodes does Have We Got Planning News For You have?

The podcast currently has 123 episodes available.

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