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 26, 2024Andreas Markides, Chairman of Markides Associates & Author of Urban Myths (S12 E2)
Our Special Guest this week is Andreas Markides, Chairman of Markides Associates & Author of Urban Myths.
Latest News Update on planning related matters.
Decision of the Court of Appeal in R (oaf Substation Action Save East Suffolk Ltd) v Secretary & State for Energy Security & Net Zero & others [2024] EWCA Civ 12 dismissing an appeal against the decision of the Lang J who had refused a claim for judicial review of two decisions by the first respondent to make development consent orders under section 114 of the Planning Act 2008 for two nationally significant infrastructure projects for onshore and offshore windfarms. The first ground of challenge relates to flood risk and the application of the sequential test, the second, to the decision on the cumulative impacts.
Decision of the High Court, Holgate J dated 17 January 2024 in R (oao Aysen Dennis) v London Borough of Southwark & Notting Hill Genesis [2023] EWHC 3210 (Admin) who granted an application for judicial review quashing the Council’s decision under section 96A to make a non-material amendment to an outline planning permission for the phased redevelopment & regeneration of the Aylesbury Estate on the grounds that the introduction of “severable” was material.
Decision of a Planning Inspector dated 17th January 2024 to dismiss an appeal by Templeview Developments Ltd against the refusal of Milton Keynes Council to grant full planning permission for the change of use of agricultural land to a linear park, new access road and stopping up and outline planning permission for 277 C2 extra care apartments, a 70 bed care home, 41 retirement bungalows & up to 196 C3 homes. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.
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1h 1min
January 11, 2024Victoria Prentis KC MP, Attorney General for England & Wales (S12 E1)
Our Special Guest this week is the Attorney General for England & Wales, the Rt Hon Victoria Prentis KC MP.
Decision of the Court of Appeal in R (oaf Fiske) v Test Valley BC & Woodington Solar Ltd [2023] EWCA Civ 1495 dismissing an appeal against the decision of the HHJ Jarman KC who had dismissed the claimant’s application for judicial review of the Council’s decision to grant planning permission for development including the construction of a 132kV substation on land at Woodington Farm, East Wellow, on the ground that the Council failed to take into account the incompatibility of that planning permission with one previously granted.
Decision of the High Court, Karen Ridge sitting as a Deputy High Court Judge, dated 15 December 2023 in R (oao Lidl Great Britain Ltd) v East Lindsey DC & Aldi Stores Ltd [2023] EWHC 3210 (Admin) on a renewed oral application to seek judicial review of the Council’s decision to grant planning permission to Aldi for retail development at Spilsby Road, Horncastle. Permission granted because two of the four grounds judged to be arguable.
Decision of an inspector dated 3rd January 2024 allowing an appeal by A2 Dominion Developments Ltd against the refusal of the LB of Hounslow to grant full planning permission for part 2 and 3 storey development for a SEND school and 124 homes in 3 blocks ranging from 3 to 5 storeys. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.
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1h 11min
December 20, 2023 Discussing the National Planning Policy Framework December 2023 Update (S11 E6)
In this episode, we present a rundown of the latest updates to the National Planning Policy Framework announced by Michael Gove on the 19th of December 2023. Episode resources and downloads to documents discussed can be found on our website below.

Visit our Website: Have We Got Planning News For You
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1h 4min
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.
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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

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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