The Planning Podcast

Planning Judicial Reviews are subject to a strict 6-week time limit, but in some circumstances the Court will allow out of time claims. Daniel Henderson and Anna Stein discuss the impact of R (Thornton Hall Hotel Ltd) v Wirral Metropolitan Borough Council [2019] EWCA Civ 737, and its implications for prospective claimants and defendants.

James Corbet Burcher and Tobin Byers discuss a number of practical aspects to Pre-Action Protocol Letters in s288 and other similar statutory challenges: (1) whether to send a letter at all; 2) when to send it; (3) how to ensure it is effectively drafted and targeted.

The new draft NPPF seeks to progress a vision-led approach to transport planning, but the guidance to support it has only been consulted upon with local authorities. As for the draft NPPF itself, there is a new approach to the "severe" test, and the Government wants more development around railway stations, but is suggesting it be limited to 800m.

In this fourth episode of the 'NPPF Flashpoint' series, Christopher Young KC and James Corbet Burcher are joined by Phil Jones (Chairman of PJA, a key author of  Manual for Streets (2007) and the lead author for Manual for Streets 2 (2010)) to discuss these issues.

Freight and logistics are a huge part of the UK Economy. The new draft NPPF provides for the first time a specific national policy for freight and logistics (Policy E3), and "substantial" weight is now to be given to economic development when there is unmet need, but there are still no targets for increasing capacity in the freight and logistics sector. 

In the third of the series on 'NPPF Flashpoints', Christopher Young KC and Christian Hawley are joined by Angie Fenton, Senior Director at Quod, and a Member of the British Property Federation's Industrial Committee and the London Industrial and Logistics Sounding Board, to discuss the impact of the draft Framework.

The Government has long recognised that there is a “critical” need for more specialist accommodation for elderly people. The UK has a rapidly aging population; 17% of the population in the USA and 13% of the population in Australia live in this type of accommodation, whereas in the UK, it is just 1%.

In the second of a series on 'NPPF Flashpoints', in relation to the draft NPPF presently out for consultation, Christopher Young KC and Leanne Buckley-Thomson of No5 Barristers'​ Chambers discuss the issues around this sector with Ellen Pearce, Planning Director at Inspired Villages, an Integrated Retirement Living operator.

The draft NPPF proposes to change the definition of Veteran Trees. Around 3 to 4 times as many trees may be covered by the new definition. A veteran tree with a diameter of 2 metres enjoys a protection zone around the trunk in a circle that measures 60 metres in diameter.

Plainly, this could present profound implications for some development proposals. Christopher Young KC and Jessica Allen are joined by leading Chartered Arboriculturalist Julian Forbes-Laird to discuss the issue and what developers and local authorities ought to be doing to investigate the implications for both allocated and unallocated development sites.

If there are potential implications, then LPAs and developers need to set out those implications in their responses to the consultation on the draft NPPF, which are due on 10th March.

Following the much-anticipated hand-down by the Supreme Court of judgment in CG Fry v SSHCLG [2025] UKSC 35, Daniel Henderson is joined by James Corbet Burcher and Chatura Saravanan to unpack the Court’s analysis of the two main issues, and the legal, policy, and practical implications going forward.

Daniel Henderson is joined by pupil barrister in the No5 Planning and Environmental Group, Chatura Saravanan, to discuss a number of recent appeal decisions concerning residential schemes, and to identify key takeaways.

 Also, we have includes the links to some of the appeals discussed.

Character and appearance and PDL 

Land at 1-5 Hillside, Portsmouth Road - APP/K3605/W/24/3350737

Link to appeal decision: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3350737

VSC without Grey Belt 

124 and 142 Church Lane Selston - APP/W3005/W/24/3347049

Link to appeal decision: 

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3347049

Costs 

Land at junction of Newark Road, Nottinghamshire – APP/W3005/W/24/3350529

Link to appeal decisions: 

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3350529

Land North of Mucklestone, Staffordshire – APP/P3420/W/24/3350245

Link to appeal decision: 

https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3350245

In light of recent legislative changes and policy announcements, we are at something of a hinge-point as to a vital question in planning practice – what is national policy, how is it organised, and what is its effect? In this episode, Daniel Henderson and James Corbet Burcher discuss the recent Court of Appeal judgment in Mead Realisations v SSHCLG [2025] EWCA Civ 32, put it into some context, and seek to explore what its effect might be in future months, following LURA and recent policy changes.

In the second of a two-part series, Daniel Henderson, James Corbet Burcher, and Sioned Davies discuss the basics of ‘how to do a hearing’, this time from the perspective of a Local Planning Authority.