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 five barristers from across the Planning Bar: Paul Tucker KC, Sasha White KC, Thea Osmund-Smith, Charl... 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 120 episodes available.

Have We Got Planning News For You episodes:

December 07, 2023Stacey Robins, Head of Planning & Environmental Services for Wealden District Council (S11 E5)
Our Special Guest this week is Stacey Robins, Head of Planning & Environmental Services for Wealden District Council.
Episode Resources on HWGPNFY.com
Latest News Update on planning related matters.
Decision of the Secretary of State for LUH&C on a recovered appeal dated 15th November 2023 disagreeing with the inspector’s recommendation and allowing an appeal by the Ministry of Justice against the decision of Harborough DC to refuse planning permission for a new Category B prison of up to 82,555 m2 GEA within a secure perimeter fence at HMP Gartree, Market Harborough.
Decision of an inspector dated 30th November 2023 allowing an appeal by Lendlease against the refusal of the LB of Southwark to grant full planning permission for an 18-storey commercial building on plot H1, Elephant Park – “the last piece of the jigsaw” relating to the former Heygate Estate-designed by architects ACME. Issues around history, land use & impact of development.
Decision of the Department of Energy Security & Net Zero dated 28th November 2023 granting the Slough Multifuel Extension Order, a development consent order under section 114 of the Planning Act 2008, the effect of which was to increase the efficiency & output of a previously consented energy from waste generating station capacity for up to 50 megawatts (MW) to 60 MW. The works proposed would be largely confined to within the already permitted boiler house and wind turbine.
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1h 6min
November 20, 2023Michael Meadows, Head of Planning & Public Affairs at British Land (S11 E4)
Our Special Guest this week is Michael Meadows, Head of Planning & Public Affairs at British Land.
Latest News Update on planning related matters.
Decision of an inspector dated 6th November 2023 allowing an appeal by Trenport East Hall Park Ltd against the failure of Swale BC to determine an application for planning permission for up to 380 new homes (incl. AH) & 450 sq m of Class E/F on land west of Church Road, Tonge, Sittingbourne on land allocated for mixed use account in the context of a lack of HLS, in an area already suffering from a degree of traffic congestion; impacts on heritage & landscape character & SPA alleged.
Decision of an inspector dated 6th November 2023 dismissing an appeal against the refusal of Cotswold DC to grant planning permission for a new secure roadside truck stop facility including associated HGV & car parking, drivers facilities building, access & servicing within the Cotswold AONB. Agreed to be major development, NPPF 177 applied, Strategic Road Network Circular 01/2022 considered.
Decision of an inspector dated 9th November 2023 allowing an appeal by David Wilson Barratt Homes for planning permission for 300 dwellings (90 AH), community hall, POS, associated works & two accesses from the A259 (one temporary for construction) access off the B2102, at land north of Highgrove Farm, Bosham against the non-determination by Chichester District Council on an unallocated site beyond the settlement boundary, in the context of no 5 yr HLS, issues around effects on SPA & SAC, AONB & highways infrastructure on A27.
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57min
October 20, 2023Rosie Pearson, Planning & Environmental Campaigner and Chairman of the Community Planning Alliance (S11 E3)
Our Special Guest this week is Rosie Pearson, Chairman of the Community Planning Alliance and Founder of Pylons East Anglia.

Latest News Update on Labour on planning, latest PINS stats & a new resource for planning cases.
Decision of the High Court in Telford & Wrekin Council v Secretary of State for LUH&C & Greentech Invest UK Ltd [2023] EWHC 2439, a s288 challenge issued & served outside the 6 week challenge period. Application to extend time refused.

Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 1oth October 2023 dismissing an appeal against the refusal of South Oxfordshire DC to grant planning permission for a mixed use scheme including 350 new homes & a C2 scheme on an unallocated site account in the context of a lack of HLS, a neighbourhood plan with allocations & impacts on landscape character.

Decision of an inspector dated 12th October 2023 dismissing Croudace Homes Ltd’s appeal for planning permission for up to 290 dwellings, landscape, SANG & access off the B2102, at Bird in the Eye Farm, against the non-determination by Wealden District Council on an unallocated site beyond the settlement boundary at Uckfield, in the context of no 5 yr HLS, issues on Ancient Woodland, flood risk, heritage, accessibility & safe access.
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1h 7min
October 05, 2023Sir Bob Neill MP, Chair of the Justice Committee (S11 E2)
This week, we’re joined by Sir Robert Neill MP. Member of Parliament for Bromley & Chislehurst and Chair of the Justice Committee.
Latest News Update on Spelthorne, Lib Dems on housing targets & Greenwich Council’s decision on Mast Quay Towers.
Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 21st September 2023 dismissing two appeals against non-determination by the London Borough of Southwark to grant planning permission for either of two schemes for the redevelopment of New City Court, 4-26 St Thomas Street; one for a 37-storey scheme, the other for a 26-storey scheme, on account of their LTSH on numerous designated heritage assets. NPPF 202 balance not favourable to appellant.
Decision of an inspector dated 18th September 2023 allowing Metis Homes Ltd’s appeal for planning permission for 103 dwellings & a children’s nursery against the non-determination by Chichester District Council on a site beyond the settlement boundary at Nutbourne, Chichester in the context of no 5 yr HLS, an emerging local plan and issues around infrastructure including a bespoke nutrient neutrality mitigation scheme.
Decision of an inspector dated 26th September allowing an appeal by Vedose Ltd against the refusal by Watford Borough Council to grant permission for a mixed use development of 247 build to rent homes and Class E floorspace in a building ranging from 5 to 24 storeys in height at 50 Clarendon Road, Watford, issues around loss of employment floorspace, impact on character & appearance & adequacy of living conditions.
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57min
September 21, 2023Paul Morrison CBE, Chief Executive at the Planning Inspectorate (S11 E1)
Our Special Guest this week is Paul Morrison, Chief Executive at the Planning Inspectorate.
Latest News Updates
Decision of the High Court dated 6 September 2023 in R(oao Fiske) v Test Valley Borough Council & Woodington Solar Ltd [2023] EWHC 2221 (Admin) quashing a decision under section 73 to grant a permission varying conditions in respect of an earlier permission for a solar farm, including panels and a 33kV substation because the permission was outside the scope of s73 due to conflicts with the operative wording of the original permission, contrary to Finney.
Decision of the Minister for Housing & Planning dated 11th September 2023, allowing LS Easton Park Development Ltd’s appeal against the refusal by Uttlesford DC of permission on land at Dunmow, Essex, for between 1,000 and 1,200 dwellings & up to 21,500 sqm of development in C2, Class E & F on unallocated open countryside. Issues around BMV agricultural land, impacts on heritage, transport and landscape. Tilted balance engaged, no 5 yr HLS.
Decision of an inspector dated 13 September 2023 dismissing Leverhulme Estates Ltd’s seven appeals for outline planning permission against the refusals of permission by Wirral Metropolitan Borough Council for various C3 housing of between 15 and 290 dwellings in various locations all in the Green Belt in the context of an emerging local plan submitted for examination in October 2022 alleged by the Appellant to be flawed. Appellant also maintained no 5 yr HLS although Council disagreed. No VSC found.
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54min
September 06, 2023 Nutrient Neutrality Update Special with James Stevens, Director for Cities at the Home Builders Federation (S10 E6)
Our Special Guest James Stevens is Director for Cities at the Home Builders Federation to discuss changes to Nutrient Neutrality Policy.
Full episode resources including downloads can be found on our website.
...more
46min
July 31, 2023Discussing the Reforms to National Planning Policy Report with Clive Betts MP (S10 E5)
Our Special Guest this week is Clive Betts MP, Chair of the Levelling Up, Housing and Communities Committee which has published their report “Reforms to national planning policy”.
Decisions of the Week
Decision of the High Court dated 30th June 2023 in CG Fry & Son Ltd v SoSLUH&C & Somerset Council [2023] EWHC 1622 (Admin) dismissing a s288 challenge to an inspector’s decision dismissing a section 78 appeal against the refusal of Somerset Council to discharge certain conditions attached to a C3 planning permission because of a failure to provide an Appropriate Assessment under the 2017 Habitat Regulations in the context of NE’s concerns around nutrient neutrality.

Decision of the High Court dated 30th June 2023 in Swindon BC v SoSLUH&C & Danescourt [2023] EWHC 1627 (Admin) dismissing a s288 challenge to an inspector’s decision allowing a developer’s appeal for up to 220 dwellings on land which formed part of a wider allocation of 8000 homes of which 6,800 had already received permission. Issues around the inspector’s approach to infrastructure.

Decision of an inspector dated 14th June relating to enforcement appeals by Mr J Clarkson relating to Diddly Squat Farm and the alleged unlawful change of use to a mixed agricultural, café, restaurant, farm shop, parking & lavatory facilities (as corrected by the inspector). Issues raised as to the correct planning unit & breaches of planning control, the service of the notices & the inspector’s ability to correct defects in the enforcement notices on appeal.

Decision of Secretary of State for Levelling Up, Housing & Communities dated 20 July 2023 rejecting the inspector’s recommendation and refusing planning permission for the demolition of the Marks & Spencer’s store at 456-472 Oxford Street and erection of a new 2-basement, ground plus 9 storey missed use (Class E) building raising heritage and embodied carbon issues.
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1h 16min
June 23, 2023Dr Sue Young, Head of Land Use Planning for The Wildlife Trusts (S10 E4)
Our Special Guest this week is with Dr Sue Young, Head of Land Use Planning for The Wildlife Trusts.

Decisions of the Week
Decision of an inspector dated 14 June 2023 relating to land at Parrs Wood Lane, East Didsbury, allowing an appeal by Dandara Living Development Ltd against the refusal by Manchester City Council of an application for permission for the erection of a 6-storey C3 building comprising 75 new homes where the main issue was the effect on highway safety.

Decision of an inspector dated 2nd June relating to an appeal by Cassels Hotels Ltd against the refusal of South Cams DC for the demolition of the former Hotel Felix, Whitehouse Lane in Girton, a non-designated heritage asset in the Girton Gap and the erection of a C2 care home in the Green Belt with a 53% volumetric increase, very special circumstances established.

Decision of an inspector dated 6th June 2023 relating to land between Green Lane and Upperthorpe Road, Westhorpe, Killamarsh allowing an appeal by Harworth Group, against the decision of North East Derbyshire DC, refusing outline planning permission for up to 397 dwellings on a site largely comprising an allocated site, with a portion in the Green Belt where the illustrative master plan showed a SUDS plan.

Decision of an inspector dated 8th June 2023 allowing an appeal by the Co-Operative Group Ltd & Ilke Homes Ltd against the decision of North Northamptonshire Council to refuse an application for 133 dwellings on a site the majority of which comprises land allocated in the Rushden Neighbourhood Plan for a minimum 150 dwellings, where third parties resisted the appeal on multiple grounds after the Council decided not to resist the appeal.
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58min
June 08, 2023Steve Norris, Former Minister for Transport & Chairman of Soho Estates (S10 E3)
Our Special Guest this week is Steve Norris, former Minister for Transport, Director of Steve Norris Ltd & Chairman of Soho Estates.

Decisions of the Week
Decision of the High Court dated 19 May 2023 in R (0ao Coal Action Network) v Welsh Ministers & the Coal Authority [2023] EWHC 1194 (admin) dismissing a JR claim relating to two decisions to authorise coal mining operations at Aberpergwm in the Vale of Neath.
Decision of the Court of Appeal dated 25 May 2023 in Devine v SSLU,H&C & Cheshire West & Chester Council [2023] EWCA Civ 601, in which they dismissed an appeal against the decision of Fordham J in the High Court, who had dismissed a section 289 appeal against the decision of an inspector appointed to conduct an appeal under section 174 (2)(d) of the 1990 TCPA against an enforcement notice alleging the erection of a new building without planning permission having concluded the building in question was not “substantially complete” and so did not enjoy immunity from enforcement.

Decision of an inspector dated 24th May relating to land off Coate Road, Devizes outside the limits of the settlement boundary, allowing an appeal by Robert Hitchin against the decision of Wiltshire Council to refuse an outline application for up to 200 dwellings & a local centre in the context of a Core Strategy more than 5 years old and no 5 yr HLS.

Decision of an inspector dated 25th May relating to land in the Green Belt dismissing an appeal by Griggs (Options) Ltd against the decision of Hertsmere Borough Council to refuse an outline application for 37 dwellings of which 40% would be affordable, despite there being a very substantial and acute housing supply shortfall. Significant harm to openness of Green Belt, moderate harm to character & appearance. VSC not found.
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1h 11min
May 25, 2023Oliver Bulleid, Executive Director of the London Community Land Trust (S10 E2)
Our special guest this week is Oliver Bulleid, Executive Director of the London Community Land Trust.

Decisions of the Week:
Decision of the High Court dated 12 May 2023in R (0ao Nelson Richardson) v London Borough of Lambeth et SSLU,H&C [2023] EWHC 1131 (admin)refusing multiple applications related to 4 separate JJ claims – all ruled to be totally without merit.
Decision of the Court of Appeal dated 16 May 2023 in SSLU, H&C v, Smith & London Borough of Hackney [2023] EWCA Civ 514, in which they quashed the decision of Kerr J in the High Court, who had allowed an appeal against the decision of an inspector appointed to conduct an appeal determined by written representations, who had been assisted by an appeal planning officer who had prepared a report on facts, evidence, issues and contentions in the appeal and a recommendation based on an evaluative planning judgement.
Decision of an inspector dated 11 Mayrelating toland at Lowerside Lane, Glastonbury allowing an appeal against the decision of Mendip District Council to refuse an outline application for up to 90 dwellings in the context of a new unitary authority, no 5 yr HLS, agreement between the main parties that the appeal be allowed, evidence from interested parties contending otherwise, observations from the inspector around the relevance of the travel of direction indicated through LURB and NPPF consultation.
Joint Determination by DoT & SSLU,H&C dated 10 May 2023in accordance with the inspector’s recommendation, allowing HS2’s appeal under para 6 Schedule 17 of the High Speed Rail (London to West Midlands) Act 2017, against the decision of the Solihull Metropolitan Borough Council, to refuse approval for a lorry route serving five worksites at Balsall Common.
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1h 4min

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 120 episodes available.

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