Have We Got Planning News For You

Our Special Guest this week, returning for a fourth time, is Joanna Averley, Chief Planner at the Ministry of Housing, Communities and Local Government. We ask Joanna about the current and pending reforms to planning law and policy. An Appeal Decision involving Churchill Retirement Living against Bournemouth Christchurch and Poole Council regarding planning permission for redevelopment to form a multigenerational community comprising 177 open market, affordable and retirement living apartments, 237 square metres of Class E commercial space, communal facilities, access, car parking, landscaping and all associated works at the former Southern Gas Network Site, Christchurch. The appeal was made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission.A Decision of the Secretary of State for Transport on the proposed expansion of Luton Airport. The application would grant development consent for the expansion of London Luton Airport to enable an increase in overall passenger capacity to 32 million passengers per year. The application also includes the construction of a new passenger terminal, additional aircraft stands and associated redevelopment of existing facilities and infrastructure. An Appeal Decision involving Galliford Try Investments (GTI) against the decision of Milton Keynes Council with the view to demolish a vacant 2-storey building (Class E) and the erection of a 33-storey building comprising commercial floor space (Class E) on the ground floor and mezzanine level with residential units on upper floors comprising up to 302 dwellings and associated works, at Jaipur and Orchard Lounge, 599 Grafton Gate, Milton Keynes. The appeal was made under section 78 of the Town and Country Planning (T&CP) Act 1990 (as amended) against a refusal to grant planning permission.Visit our Website:hwgpnfy.com

Our Special Guest this week is Jason Prior, Chief Executive of Prior + Partners, whose projects include the 2012 London Olympics, Rio 2016, Google's California Campus and a new city in Saudi Arabia.A Decision of the High Court involving the National Farmers Union, Herefordshire Council, The Secretary of State for Levelling Up, Housing and Communities and River Action UK relating to challenging the lawfulness of policy W3 of the Herefordshire Minerals and Waste Local Plan (“MWLP”). Policy W3 refers to Agricultural waste management, including for livestock units.A Decision of the Court of Appeal relating to the objection of a proposed construction of a 15-meter-high mobile phone mast by Cignal Infrastructure Limited on behalf of the mobile network operator Three, on a site located within Cheltenham's Central Conservation area.An Appeal Decision regarding a proposed development of up to 190 homes by Persimmon Homes Severn Valley on Land at Rectory Farm North, Chescombe Road, Yatton. The 190 homes are comprised of flats, semi-detatched, detatched and terraced housing with 50% of them being affordable. Visit our Website:hwgpnfy.com

This episode is dedicated to the memory and friend of the show, Jonathan Easton KC, who sadly passed away from bowel cancer on the morning of the 2nd of March 2025. Jonathan's family have nominated both St John's Hospice and Bowel Cancer UK as charities to donate to in his memory. If you can spare anything at all to donate to these two wonderful organisations, we would be forever grateful.St John's Hospice, North Lancashire & South LakesBowel Cancer UKOur Special Guest this week is Victoria Hills MRTPI FICE and is the Chief Executive of the Royal Town Planning Institute. Victoria is joining us to talk about the new Planning and Infrastructure Bill.An appeal decision from the Minister of State for Housing and Planning on behalf of the Secretary of State regarding a solar project on land located in Melton Borough Council.An appeal decision regarding planning permission for 95 dwellings with associated access, parking and landscape; and outline application for 5 self-build plots, with access discharged, on land at 722 Kenilworth Road and land adjacent to Harper Fields Care Home in Balsall Common.An appeal decision from the Minister of State for Housing and Planning on behalf of the Secretary of State regarding a New Motorway Service area between junctions 7 and 8 of the M56 in Tatton, Cheshire.Visit our Website:hwgpnfy.com

Our Special Guest this week is Níall McLaughlin RA. Níall is Professor of Architectural Practice at the Bartlett School of Architecture, University College London. Latest News Update on planning related matters. A High Court Judgement where Amalgamated Smart Metering Ltd filed a claim form seeking permission to apply for judicial review of the decision of Rotherham Metropolitan Borough Council dated 22 February 2024 to grant outline planning permission for residential development comprising up to 120 units including details of means of access at a former bus depot at Midland Road, Masbrough, Rotherham. The application for planning permission had been made by Prospect Estates Ltd. An Appeal Decision regarding planning permission for a temporary 49.35MW battery energy storage facility, with security fencing, access and associated works on land off Chapel Lane, Great Barr, Walsall in accordance with the terms of the application, Ref 23/1286 dated 4 October 2023. One of the first decisions to consider the issue of ‘grey belt' land in favour of the Appellant. An Appeal Decision regarding a development proposed for a sand and gravel quarry with progressive restoration using site derived and imported inert material to agricultural parkland, public access and nature enhancement. This decision supersedes that issued on 5 May 2023. That decision on the appeal was quashed by order of the High Court. Visit our website: hwgpnfy.com

Our Special Guest this week is Lord Ben Houchen, Mayor of the Tees Valley to discuss the English Devolution White Paper published by MHCLG before Christmas. The proposal gives Mayors new responsibilities for strategic planning and much more. Latest News Update on planning related matters. Decision of the Court of Appeal dated 11 December 2024 which deals in great detail with the service provisions relating to Section 288 of the Town and Country Planning Act 1990 relating to the statutory right of appeal after an Inspectors decision by way of Section 78 and a detailed examination of the requirements in law relating to both lodging the proceedings in court and service under that statutory provision. This is a seminal decision for anyone who is or might be involved in planning appeals litigation. Decision of an Inspector dated 9 January 2025 which deals with the service of an enforcement notice by Royal Borough of Greenwich relating to a 15 storey and 23 storey residential blocks requiring the demolition of the building in which the Inspector upheld the notice but crucially allowed the retention of the buildings by materially amending the requirements of the notice. Decision of an Inspector dated 7 January 2025 which deals with a significant solar farm proposal for 47.28 MWp in Mid Suffolk District Council in which the Inspector granted planning permission by concluding that the proposal was supported by the planning balance and that the proposal accorded with the development plan as a whole and the appeal should be allowed. Visit our Website: hwgpnfy.com #HWGPNFY

The New National Planning Policy Framework (NPPF) is out now! We cover key changes to Housing, Economic Provisions, Green Belt and Grey Belt, Development Plans, Flooding, Climate Change and many other things! The new Framework along with other resources, is available for download and viewing on our website by clicking here. This episode is also very important for another reason. We are saying goodbye to the wonderful Mary Cook, who is passing on the torch to Thea Osmund-Smith, who will join us as a permanent panellist in 2025 and beyond. From all of us here at Have We Got Planning News For You, thank you so much for making the show what it is today. Have We Got Planning News for You is a light-hearted review of the month's latest developments by five barristers from across the Planning Bar: Paul Tucker KC, Mary Cook, Sasha White KC, Charles Banner KC, Thea Osmund-Smith and Christopher Young KC. Visit our Website: hwgpnfy.com #HWGPNFY #NPPF #NPPF2024

Our Special Guest this week is Lord Daniel Moylan, Chairman of the Built Environment Select Committee. The Committee was appointed to consider matters relating to the built environment, including policies relating to housing, planning, transport and infrastructure. Latest News Update on planning related matters. Decision of an inspector dated 28th November 2024 dismissing three appeals by Artemis Land and Agriculture Ltd against the decision of the Chichester District Council in relation to Crouchlands Farm, Rickman's Lane, Plaistow, to fail determine two applications, one for 108 homes and one for mixed commercial uses and also to refuse a third outline application for 492 homes, multiple issues including water neutrality and flood risk. Decision of an inspector dated 27th November 2024 allowing an appeal by BDW Trading Ltd against the decision of the Hertsmere Borough Council to refuse an application for up to 220 dwellings including 50% affordable housing including POS, landscaping, SUDs and access and ecological enhancements to Woodcock Hill Village Green on land wholly within the Green Belt at Barnet Lane & Furzehill Road, Borehamwood, adjoining the settlement. Issues around policy framework, weight to certain local plan policies, effect on openness to GB & any other harm, weight to benefits & if VSC found. Decision of an inspector dated 22nd November 2024 allowing an appeal by Hodson Developments Ltd against the decision of the Ashford Borough Council to refuse an outline application for up to 655 dwellings on arable land north of Possingham Farmhouse, Great Chart in the context of less than a 5 yr HLS on a site largely outside an allocated new community in the Chilmington Green AAP. Issues around impact on heritage assets, landscape, highways & sustainability of location & a contribution to secondary school provision. Visit our Website: hwgpnfy.com #HWGPNFY

Our Special Guest this week is Pooja Agrawal is the Chief Executive Officer and co-founder of Public Practice. Public Practice is a not-for-profit organisation that builds the skills and capability of the public sector to improve the quality, equality and sustainability of places. Latest News Update on planning related matters. Decision of the High Court dated 13th November 2024 in White v Plymouth City Council [2024] EWHC 2854 (Admin), dismissing an application for contempt of court -made after a delay of 8 months - for allegedly interfering with the administration of justice relating to a decision to implement a redevelopment scheme comprising the felling of trees on Armada Way in March 2023. Decision of an inspector dated 11th November 2024 allowing an appeal a by Gladman Developments Ltd against the decision of the Central Bedfordshire Council to refuse an outline application for the erection of up to 170 dwellings including affordable housing with POS, landscaping, SUDs and access on an unallocated undeveloped site immediately adjoining the settlement of Langford. Issues around HLS, loss of BMV, heritage impacts and landscape impacts. Decision of an inspector dated 7th November 2024 allowing an appeal by M Scott Properties Ltd against the decision of the St Albans City & District Council to refuse an outline application for up to 95 dwellings on green belt land between Caravan Site and Watling Street, Park Street, St Albans, in the context of a 1.7 yr HLS on a site proposed to be allocated in the approved ELP, at the Reg 19 stage, VSC found. Visit our Website: hwgpnfy.com #HWGPNFY

Our Special Guest this week is Rachel Danemann MRTPI CIHCM AssocRICS, Planning Manager (Midlands & South West) Home Builders Federation. Latest News Update on planning related matters. Decision of the Court of Appeal dated 16th October 2024 in R (oao Save Stonehenge World) v Secretary of State for Transport [2024] EWHC 1227 (Admin), dismissing the appeal on grounds 1 to 5, allowing the appeal against refusal of permission on ground 6 but dismissing the claim itself. Decision of an inspector dated 30th October 2024 allowing Appeal A and dismissing Appeal B by Finebeam Ltd against the decisions of the Council of the London Borough of Newham to refuse applications for the demolition of 3 storey buildings & planning permission for 74 and 72 dwellings at Abbey House, Bakers Row, Stratford giving rise to issues on design, daylight & sunlight, heritage impacts on Abbey Gardens, a SAM, AH & HLS. Decision of an inspector dated 30th October 2024 dismissing an appeal by Gladman Developments Ltd Associated against the decision of the Cherwell District Council to refuse an outline application for up to 60 dwellings on land at Tadmarton Road, Bloxham, an unallocated site in the countryside– in large part a former quarry-in the context of issues on flood risk, noise, odour and water infrastructure. Charlie Banner KC review proposes roadmap to speed up delivery of national infrastructure: ⁠https://www.gov.uk/government/publications/independent-review-into-legal-challenges-against-nationally-significant-infrastructure-projects/independent-review-into-legal-challenges-against-nationally-significant-infrastructure-projects⁠ Visit our Website: hwgpnfy.com #HWGPNFY

Our Special Guest this week is Phill Bamford, Policy Director at the Land, Planning & Development Federation. Also featuring, standing in for Charlie Banner this week, is Thea Osmund-Smith from No.5 Chambers. Latest News Updates on planning related matters. A decision of the High Court dated 3rd October 2024 in Farnham Town Council   v Secretary of State for LUH&C, Wates Developments Ltd et al. [2024] EWHC 2458 (Admin), on a S288 statutory challenge to the grant of planning permission allowed on appeal where service of proceedings was late. Did the court have power to extend time and if so, should it? A decision of an inspector dated 30th September 2024 allowing an appeal by Terra Strategic against the decision of Wiltshire Council to refuse an application for outline planning permission for up to 53 dwellings on land to the west of Semington road, Melksham. A decision of the Secretary of State for Transport dated 4th October 2024 granting Associated British Ports application for a development consent order for the Immingham Eastern Ro-Ro Terminal under the Planning Act 2008 comprising three berths and associated landside works, storage areas, terminal buildings and a road bridge on the Humber Estuary/river within the administrative area of North Lincolnshire Council in accordance with the examining inspectors' recommendation. Visit our Website: ⁠hwgpnfy.com⁠ #HWGPNFY

Our Special Guest this week is Mike Kiely, Chair of the Board at the Planning Officers Society. Latest News Update on planning related matters. Decision of the Parliamentary Under Secretary of State for Building Safety & Homelessness dated 25th September 2024 allowing an appeal by a consortium led by Barratt David Wilson Homes, granting outline planning permission, in accordance with the inspector's recommendations, for up to 1000 dwellings, secondary & primary schools, community facility & retail uses, open space & landscaped areas with associated engineering works on land between Huntingdon Toad & Hilston Road Cambridge, known Darwin Green Phases Two and Three. Decision of an inspector dated 24th September 2024 allowing an appeal by Infinis Solar Developments Ltd against the decision of Central Bedfordshire Council to refuse an application for the installation of a solar PV park land at Brogborough Landfill Site, Woburn Road, Lidlington. Decision of an inspector dated 18th September 2024 dismissing an appeal by Gladman Developments Ltd against the refusal by Nuneaton & Bedworth Borough Council to grant outline planning permission for 500 homes on highways grounds & awarding partial costs to the Appellant & refusing the Council's application for a full award of costs. Visit our Website: hwgpnfy.com #HWGPNFY

Our returning Special Guest this week is Catriona Riddell FRPTI, Director of Catriona Riddell & Associates Ltd. Decision of the High Court dated 13th September 2024 in Friends of the Earth and South Lakeland Action on Climate Change v Secretary of State et al [2024] EWHC 2349 (Admin), a successful challenge to the grant of permission for an underground coal mine at Whitehaven, Cumbria applying the recent Supreme Court case, Finch about the necessary scope of an environmental impact assessment in respect of downstream greenhouse gas and scope 3 emissions. Decision of the Secretary for Energy Security and Net Zero dated 12th September 2024 granting National Grid Electricity Transmission PLC's application for a DCO for the Bramford to Twinstead Reinforcement Project under section 114 of the Planning Act 2008, largely in accordance with the examining inspector's recommendation. Decision of an inspector dated 11th September 2024 dismissing an appeal by Taylor Wimpey UK Ltd against the failure of Buckingham Council to determine an application for a hybrid planning permission for phased development on land at Gomm Valley, Gomm Road, High Wycombe, comprising a detailed element for vehicular access, open space, ecological enhancements & 79 homes, and outline element for up to 461 units, a IFE primary school & early years, and employment land including access, open space and ecological enhancements. Visit our Website: havewegotplanningnewsforyou.com #HWGPNFY

In this impromptu special summer episode, we're discussing proposed changes to the NPPF as announced by the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, Angela Rayner on the 30th of July 2024. The proposal is open for consultation for 8 weeks and more information on how to respond can be found here: https://www.gov.uk/government/consultations/proposed-reforms-to-the-national-planning-policy-framework-and-other-changes-to-the-planning-system Episode resources can be found on our website here: https://havewegotplanningnewsforyou.com/discussing-the-proposed-reforms-to-the-national-planning-policy-framework-july-2024-update-s13-e6/ #HWGPNFY

Our Special Guest this week is Professor Samer Bagaeen BSc MSc MBA PhD MRTPI FRICS, Professor of Planning & Resilient Systems at the University of Kent. Decision of the Supreme Court dated 20 June 2024 in R (Finch) v Surrey County Council [2024] UKSC 20, about the necessary scope of an environmental impact assessment in respect of downstream greenhouse gas and scope 3 emissions. Decision of the Welsh Cabinet Secretary for Housing, Local Government & Planning dated 14 June 2024 granting planning permission for a proposed windfarm development by Pennant Walters Ltd judged to be of national significance in accordance with S62D of the TCPA 1990. Issues around harm to historic landscape, impacts on ecology and whether any harm would be outweighed by benefits to CC and energy security. Decision of an inspector dated 11th June 2024 allowing an appeal by North Lambeth Holding BV against the refusal of the London Borough of Lambeth to grant planning permission for a 15-storey building – a tall building-on a largely empty gap site, at 79-87 Westminster Bridge Road, not identified within any development plan as a site suitable for tall buildings. Visit our Website: havewegotplanningnewsforyou.com

Our returning Special Guest this week for our 100th episode is Rob Rinder MBE, barrister, host of the ITV's Good Morning Britain and Judge Rinder. Latest News Update on planning related matters. Decision of an inspector dated 24th May 2024 dismissing an appeal by The Cathedral Church of the Holy Spirit & Vivid Housing Ltd against the decision of Guildford Borough Council to refuse planning permission for the development of 124 homes on a site largely allocated for residential development via policy A15; main issue-effect on heritage assets with reference to design and landscape context. Decision of an inspector dated 24th May 2024 allowing an appeal made by Cala Homes (Cotswolds) Ltd against the failure of Warwick DC to determine an application for outline permission for up to 83 homes including AH, access, internal roads & footpaths, POS & landscaping, drainage on land at Warwickshire Police HQ, Woodcote lane, Leek Wootton on land forming part of a wider housing allocation. Main issues around effect of proposal on CA & NDHA, highway safety & compliance with development plan policy. Decision of an inspector dated 24th May 2024 allowing an appeal by Taylor Wimpey UK Homes Ltd against the failure of Guildford BC to determine a full application for highway works and an outline application for phased development of up to 1,730 C3 homes, 8 G&T pitches, 100 c2 homes, a local centre, employment, primary & secondary schools & green infrastructure, on an allocated site at the former Wisley Airfield. Multiple costs applications.

Our Special Guest this week is Simon Berkeley BA MA MRTPI, Head of Local Plans, at the Planning Inspectorate. Latest News Update on planning related matters. Decision of the Secretary of State for Transport dated 16th May 2024 granting a modified DCO following an application made by National Highways for the Proposed M3 Junction 9 under section 37 of the Planning Act 2008 following the recommendation of the Examining Authority. Decision of an inspector dated 15th May 2024 allowing an appeal made by Wates Developments against the decision of Cherwell DC to refuse to grant outline permission for up to 147 homes, POS, playing field and sports pitches on an unallocated green field site land on the southern edge of Chesterton some 5 km from Bicester. Decision of an inspector dated 16th May 2024 dismissing an appeal by Bellway Homes Ltd (North East) against the decision of Durham County Council for the development of 148 homes on a greenfield site immediately outside the settlement boundary of Great Lumley, agreed not to be of a valued landscape but in a location judged not to be sustainable by the inspector.

Our special guest this week is Simon Wicks, Deputy Editor of the Planner, the official member magazine of the Royal Town Planning Institute. Latest News Update on planning related matters. Decision of the High Court dated 3rd May 2024 in Friends of the Earth et al v Secretary of State for Energy Security & Net Zero [2024] EWHC 995 (Admin) concerning a challenge to the Secretary of State's Carbon Budget Delivery Plan laid before Parliament under s14 of the Climate Change Act 2008, pursuant to the order made by Holgate J in R (Friends of the Earth v Secretary of State for Energy Security & Net Zero [2023] 1 WLR 225. Decision of the Court of Appeal dated 2nd May 2024, in Secretary of State for LUH&C v Caldwell & Timberstore Ltd [2024] EWCA Civ 467 dismissing an appeal from the decision of Lieven J [2023] EWHC 2053 (Admin) quashing an inspector's decision, dated 14 February 2023, to dismiss an appeal under section 174 of the TCPA 1990 and to uphold an enforcement notice alleging a breach of planning control requiring the cessation of residential use and demolition of a bungalow known as “The Goose House”. Misapplication of the Murfitt. Decisions of an inspector dated 3rd May 2024 allowing Burlington Property Group's appeals against the refusal by Three Rivers DC, of outline planning applications for A) up to 83 new homes, a new surgery & access & B) 9 homes & access in the Green Belt.

Shelly Rouse is a Principal Consultant with the Planning Advisory Service with a passion for delivering support to local authorities and helping drive public sector improvement with housing delivery and land supply as her specialities. Latest News Update on planning related matters. Decision of the High Court dated 5th April 2024 in R (Low Carbon Solar Park 6 Limited) v Secretary of State for LUH&C & Uttlesford DC dismissing a challenge to an inspector's decision, under section 76D of the TCPA 1990, refusing an application for the construction and operation of a solar park at Pelham, Manuden. The challenge alleged procedural unfairness. Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 8th April 2024, in accordance with the inspector's recommendation, dismissing a recovered written rep appeal by Aveneco Ltd, against Buckingham Council's refusal to grant permission for an energy park with high-capacity battery storage, 416 bedroom hotel, two office units, biogas waste digester energy unit incorporating alternative and emerging transport solution & an advanced educational facility at End Road, Dorney, Slough. The proposal was judged to be inappropriate development in the Green Belt & raised issues around impact on openness, flood risk, heritage assets, highways. Decision of the Minister for Housing & Homelessness on behalf of the Secretary of State, dated 22nd March 2024, in accordance with the inspector's recommendation, to allow two appeals seeking outline planning permission : Appeal A for a residentially led mixed use schemes of up to 391 homes and Appeal B for up to 330 discounted affordable homes for key workers, including military personnel, against the refusals of St Albans & City District Council on land at Chiswell Green, St Albans in the Green Belt.

Our Special Guest this week is Dr Chris Miele, Partner at Montagu Evans LLP. Latest News Update on planning related matters. Decision of a Planning Inspector dated 13th March 2024 to allow an appeal by Abri Group Ltd against the refusal by Woking Borough Council to grant planning permission for the demolition of existing buildings & the erection of a 25-storey building comprising 224 dwellings & ground floor commercial floorspace, in Woking town centre. Decision of the Minister of State for Local Government, on behalf of the Secretary of State, dated 13 March 2024 dismissing a recovered appeal against the decision of West Northamptonshire Council to refuse an application by Annesco Ltd, for a temporary Solar Farm of up to 49.72MWcontrary to the inspector's recommendation. Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 15th March 2024, allowing an appeal by Redrow Homes Ltd against Dacorum Borough Council's refusal to grant permission for a hybrid application for the development at Tring of up to 1400 homes including 140 x C2 dwellings, local centre, sports hub, primary & secondary schools, SANG & POS in the Green Belt against a background of a 1.2 yr HLS amounting to 6,108 dwellings.

Our Special Guest this week is Chris Webber, Group Planning Manager at Barratt Developments PLC. Latest News Update on planning related matters. Decision of the High Court in Marks & Spencer PLC v SOSLUH&C & others [2024] EWHC 452 allowing a s288 challenge & quashing the SoS's dismissal of M&S s78 appeal for the construction of a 9-storey new mixed office & retail store at the western end of Oxford Street. Decision of the High Court in R (oao Galloway) v Durham County Council & Lightsource SPV 215 Limited [2024] EWHC 367 allowing a JR & quashing the grant of a planning permission for an excessive number of solar panels thus able to generate a capacity of 50MW or more which could not be rescued by subsequent NMA to that application. Decision of a Planning Inspector dated 29th February 2024 to allow an appeal by Taylor Wimpey (UK) Ltd against the non-determination by Charnwood Borough Council to grant outline planning permission for up to 195 dwellings on a site outside the development limits of Syston which formed part of a proposed strategic allocation in the Pre-Submission Draft of the emerging Local Plan, currently at examination.

Our Special Guest this week is Lindsey Richards, President of the Royal Town Planning Institute for 2024. Latest News Update on planning related matters. Decision of the High Court in Mead Realisations Ltd v SOSLUH&C & Redrow Homes Ltd V SOSLUH&C [2024] EWHC 279 dismissing two separate s288 claims challenging the dismissals of s78 housing appeals in Weston Super Mare (in FZ3) & Bushey (largely in Fz1 but also Fz2&3 plus 10% affected by reservoir flood risk) where neither LPA had a 5 yr HLS but where both appeals were judged to have failed compliance with the sequential test under NPPF 162 & PPG paragraph 028. Decision of a Planning Inspector dated 15th February 2024 dismissing an appeal by Elysian Loughton Site Ltd against the refusal of Epping Forest District Council to grant planning permission for the demolition of three homes and the erection of linked apartment blocks to form elderly persons apartments integrated C2 care facilities issues regarding the bulk, massing & height, effect on living conditions of existing neighbour & future occupiers & a viability review mechanism. Decision of a Planning Inspector dated 14th February 2024 to allow an appeal by Gadman Developments Ltd against the refusal of Somerset Council to grant outline planning permission for up to 100 dwellings on part of a larger green field, outside the settlement boundary for Creech St Michael. Issues around the effect of the proposal on the character & appearance of the area & neighbouring residential properties, HLS & whether a tilted balance applies or not.

Our Special Guest this week is Grant Butterworth, Head of Planning at Leicester City Council. Latest News Update on planning related matters. Decision of a Planning Inspector dated 23rd January 2024 dismissing an appeal by PA Investments Ltd & PD Developments (Essex) Ltd against the failure of Basildon Borough Council to determine an application for demolition of 2 houses and outline permission up to 150 dwellings & a 5 bed care home on a site at Billericay, virtually all in the Green Belt, which had been allocated in the local plan, submitted for examination but subsequently withdrawn. 1.85 yr HLS. Issues around adverse landscape and visual impacts, impacts on the dormouse population. VSC not found. Decision of a Planning Inspector dated 26th January 2024 dismissing an appeal by Vistry Homes Ltd against the refusal of St Albans City & District Council to grant outline planning permission for up to 150 dwellings including AH & custom-build, on a greenfield site at Colney Heath within the Metropolitan Green Belt with emerging plan having undergone Reg 18 consultation. No 4 yr HLS. Issues around adverse landscape and visual impacts, flood risk, effects on heritage assets, accessibility, relevance of PDL & AQ. VSC not found. Decision of a Planning Inspector dated 31st January 2024 dismissing an appeal by Wulff Asset Management Ltd against the refusal of Erewash Borough Council to grant outline planning permission for up to 196 dwellings on a greenfield site at Stanton By Dale, Derbyshire, in the context of a 2.65 yr HLS & an emerging local plan proposing to designate the land as Green Belt.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Our special guest this week is World Renowned Architect and Sustainability Visionary and Founder of ZEDfactory & ZED-Power Ltd. Decisions of the Week: Decision of the High Court dated 20 April 2023 in R (0ao Friends of West Oxfordshire Cotswolds) v West Oxfordshire DC et anor [2023] EWHC 901allowing a challenge by way of judicial review to discharge a planning condition which required a 5 m buffer zone to be demonstrated on land close to ancient woodland known as Rushy Bank, required on the conditional grant of planning permission for residential development for 25 dwellings at Charlbury, Oxfordshire. Decision of an inspector dated 17 April 2023 relating to land at the former Blaxton Quarry Mosham Road, Doncaster allowing an appeal against the failure to determine an application for B2, B8 and E:g commercial development by the City of Doncaster Council; with issues around the provision of BNG on site to secure a net gain of 10% and compliance with the development plan. Decision of an inspector dated 24 April 2023 allowing an appeal against the decision of the London Borough of Camden to refuse planning permission for a 15-storey building for use as student accommodation with affordable workspace, on a site previously used by Addison Lee for offices and a depot for its fleet of vehicles, after a postponement in June 2022 to allow amended plans to address fire safety issues. Decision of an inspector dated 26 April 2023dismissing an appeal against the decision of the London Borough of Tower Hamlets to refuse permission for the demolition of the existing building providing 34 self-contained residential flats and redevelopment of the site for a 10-storey building to comprise 115 shared living units, all in the context of no trigger for tilted balance being engaged.

Our Special Guest this week is Councillor Linda Haysey, Leader of East Hertfordshire District Council. Decisions of the Week: Decision of an inspector dated 8 March allowing an appeal on land at Little Chalfont, Amersham against the decision of Buckingham Council to refuse outline permission for C3 affordable, custom build and retirement homes together with a C2 care home on land in the Green Belt. VSC demonstrated. Decision of an inspector dated 13 March on land outside the settlement boundary at Grove, dismissing an appeal against the refusal of the Vale of White Horse DC to grant permission for a residential scheme of up to 300 C3 homes; issues re impact on countryside & landscape and which figure to use to calculate 5 yr HLS, LHN of 636 or a higher local plan figure. Decision of an inspector dated 10 March 2023 dismissing an appeal against the decision of Maidstone BC to refuse outline permission for approximately 109 homes on a greenfield site, 130 m beyond the settlement boundary at Ashford Road, Harrietsham. The inspector refused to entertain an alternative scheme for 86 dwellings, designed to overcome landscape issues. Issues around suitability of the appeal site, impact on character and appearance & weight to be given to most important development plan policies given an out-of-date housing requirement. Decision of an inspector dated 9 March dismissing an appeal against the decision of Wokingham BC to refuse outline permission for approximately 200 homes on greenfield land abutting but outside the settlement boundary at Hurst Reading issues re compliance with the development plan, impact on trees & hedgerows, BMV agricultural land, sustainable location & impact on countryside & landscape, highway safety.

Our Special Guest this week is Sue Bridge FRTPI, President of the Royal Town Planning Institute for 2023 and Director at Sue Bridge Consultancy Ltd. Episode Resources Planning Aid England Planning Aid Scotland Decisions of the Week Decision of the Court of Appeal in R (oaf Kinnersley) v Maidstone Borough Council [2023] EWCA Civ 172 dated 22nd February allowing an appeal against the decision of HHJ Waldon-Smith who had dismissed a claim for JR of a decision to grant planning permission on a brownfield site based on the true meaning of the word site in Policy DM5. Decision of High Court in R (oao Bentley Pauncefoot PC) v Redditch BC & Bromsgrove DC [2023] EWHC 456 dated 2nd March 2023 dismissing a challenge to a decision to grant a hybrid permission for a residential led mixed use scheme for 2560 homes on an allocated site straddling the two LPAs area based on allegations that the committee was misled as to details of highway impacts. Decision of an inspector dated 22 February on land at Stratford Road, Shirley, dismissing an appeal, against the refusal of Solihull Metropolitan BC to grant permission, for a residential mixed-use scheme of 111 C3 units plus 84 bed C2 Care Home, gym, salon & restaurant rising to 6 storeys, on a pdl recommended for approval in context of shortfall in HLS. Decision of an inspector dates 22 February allowing an appeal against the decision of Trafford Metropolitan BC to refuse outline permission for up to 116 C3 units on land in the Green Belt which was found to be at odds with local plan spatial strategy. VSC demonstrated.

Our Special Guest this week is Lord Ed Vaizey, politician, media columnist & commentator. Decisions of the Week: Decision of the Supreme Court in Fearn et al v Board of Trustees of Tate Gallery [2023] SCUK 4 dated 1st February 2023 allowing, by 3-2, an appeal against the decision of the Court of Appeal who had dismissed an appeal from Mr Justice Mann who declined to grant an injunction based on the common law of private nuisance to stop members of the public from using a viewing gallery which afforded uninterrupted views into their glass walled flats. Decision of the Court of Appeal in R (oaf Whitley PC) v N Yorks CC & EPUK Investments Ltd [2023] EWCA Civ 92 dated 3rd February dismissing an appeal against the decision of Mr Justice Lane who had dismissed a claim for JR of a decision to grant planning permission for the extraction & export of pulverised ash based on alleged errors in the officer report & the failure to consider alternatives. Decision of High Court in Bristol Action Network Co-Ordinating Committee v SoS DLUC & Bristol City Airport dated 31st January 2023 challenging a decision of the appointed panel to allow a s78 appeal by the Airport, against the decision of North Somerset Council to refuse an application for the amendment of existing conditions to increase capacity by 2 million passengers per year on grounds related to emissions of greenhouse gases and impact on a SAC on which horseshoe bats roost & breed. Issues raised include the interaction/relationship with the CCA 2008 and local plan policy for the airport. Decision of High Court in Armstrong V SOS DLUC & Cornwall Council [2023] EWHC 176 (admin) dated 27th January 2023 quashing a decision letter dismissing an appeal by Mr Armstrong against the decision of Cornwall Council to refuse an application under section 73 of the TCPA 1990 to vary plans for construction of a new dwelling under an extant planning permission on the basis the application gave rise to a fundamental variation to the permission even though it would not give rise to any conflict with the description of the permission. The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Our Special Guest this week is Joanna Averley, Chief Planner for the Department for Levelling Up, Housing and Communities. Joanna is a planner who has worked across all aspect of the town planning, regeneration, built environment and development process. She has worked in consultancy, charity and as a government adviser. Decisions of the Week: Decision of the Court of Appeal in R(oaf Blacker) v Chelmsford City Council [2023] EWCA Civ 25 dated 17th January 2023 dismissing an appeal against the decision of Mrs Justice Thornton who declined to quash a decision granting outline planning permission for housing on a part PDL /greenfield site in Roxwell. First resolution minded to grant but at a second meeting the decision was to refuse. Issues of inconsistency raised. A Minded to Grant Decision made on behalf of the Secretary of State dated 19th January 2023 giving the applicant, the Ministry of Justice, time to provide further evidence to address highway issues identified by the inspector, recommending refusal of the appeal against the dismissal by Chorley Borough Council of a hybrid application for a new prison on land adjacent to HMP Garth & HMP Wymott, Leyland, Lancashire in the Green Belt. Decision of an inspector dated 9th January 2023 allowing an appeal by Ainscough Strategic Land against the decision of West Oxfordshire DC to refuse an outline application for up to 120 dwellings on greenfield land at Witney Road, Ducklington. Land said to be in a gap between Ducklington and Witney, impact on landscape character and setting of conservation area, no 5 yr HLS. NPPF 202 exercise engaged. Decision of an inspector dated 18th January 2023 dismissing an appeal by Senior Living (Freelands) Ltd against the decision of West Oxfordshire DC to refuse an outline application for up to 160 C2 extra care units & retention of veterinary practice in Coach House on a 4.3 ha site in the grounds of Freeland House, a NDHA and itself in use as a Care Home. The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Our Special Guest this week is Steve Quartermain CBE, the Government's former Chief Planner. Decisions of the Week: Decision of the Supreme Court in DB Symmetry Ltd & anor V Swindon Borough Council [2022} UKSC 33 dated 14th December 2022 dismissing an appeal against the decision of the Court of Appeal which declined to confirm that the Court of Appeal in Hall & Co Ltd V Shoreham-by-Sea UDC [1964] 1WLR 240 erred in law in that case that held that a LPA could not lawfully require a landowner by means of a planning condition to dedicate land as a public highway and thereby avoid the payment of compensation. Decision of the High Court in R (oao Philip Addison) V London Borough of Southwark & Anors [2022] EWHC 3211 (Admin) dated 6th December 2022 dismissing a challenge to the grant of planning permission for the redevelopment of Champion Hill Stadium & neighbouring astroturf pitch, raising issues about mistake of fact, failure to apply planning policy and failure to discharge the Public Sector Equality Duty. Decision of the Minister of State for Housing dated 14 December 2022 allowing an appeal made by Redrow Homes (Yorkshire) against the failure of City of York Council to determine an application for circa 970 dwellings, associated demolition, infrastructure, primary school, community facilities and A1 store on land allocated in the emerging Local Plan ST8, in the context of Huntingdon NP & the saved policies of the otherwise revoked Yorkshire & Humber RSS 2008. Land in GB and VSC demonstrated. Decisions of an inspector dated 28 November 2022 allowing one appeal by Berkeley Homes (Southern) Ltd against the decision of Guildford BC relating to a hybrid application on Lower Road Effingham for 4 self-build & 110 units and dismissing another appeal against the refusal of RMA for the erection of 99 dwellings on Howard of Effingham School. Land in GB, issues of viability raised.

Our Special Guest this week is Catriona Riddell FRPTI, Director of Catriona Riddell & Associates Ltd, Strategic Planning Specialist to POS, Vice-Chair of TCPA & member of RTPI England Policy Panel. Decisions of the Week: Decision of the Court of Appeal in Tidal Lagoon (Swansea Bay) PLC v Secretary of State for BE&IS & Welsh Ministers & Swansea Council [2022] EWCA Civ 1579 dated 1st December 2022 dismissing an appeal against the failure of the court below to grant declarations that a DCO granted in 2015 had been lawfully commenced. Issues around the requirements stipulated in the DCO and sections 154 & 155 of the Planning Act 2008. Decision of the Secretary of State for Housing & Planning dated 5th December 2022 allowing an appeal by JBM Solar Projects 2 Ltd against the refusal by Mid Devon Council of an application for planning permission for the construction of ground-mounted solar PV panels to generate up to 49.9 MW on a 60.78hs site. Landscape effects, impacts on DHA, loss of BMV agricultural land, safety of a battery storage facility, BNG, & benefits all considered in context of development plan and NPPF. Inspector recommendation that permission be granted. Decision of the Secretary of State dated 7 December 2022 allowing an application made in 2017 by West Cumbria Mining Ltd following a referral under section 77 of the TCPA in March 2021 and a subsequent public inquiry in 2021 for a new underground coal mine, the refurbishment of two mine drifts leading to two new drifts, coal loading facilities & railway siding, new underground conveyor & associated development at Whitehaven in accordance with the inspector's recommendation. Decision of the Secretary of State for BE&IS dated 7 December 2022 for the Keadby 3 (Carbon Capture Gas Fired Generating Station) Order for the construction, operation and maintenance of a new electricity generating station for up to 901 MW of gross electrical output under the Planning Act 2008, in accordance with the examining authority's recommendation, on land within & adjoining the existing Keadby Power Station site, west of the village of Keadby and 7 km west of Scunthorpe.

Vice-President of the RSPB, Deputy Chair of Natural Resources Wales and member of the UK Joint Nature Conservation Committee, Steve Ormerod is Professor of Ecology at Cardiff University and has had a lifelong interest in the effects of global change on river ecosystems. Decisions of the Week: Decision of High Court in R (oaf Hardcastle) v Buckingham Council & BDW Trading Ltd [2022] EWHC 2905 (Admin) dated 16th November 2022 dismissing a challenge to the grant of outline planning permission for residential development on a site abutting Maids Moreton where the Claimant contended the application should have been taken back to committee applying the Kides principle, breach of legitimate expectation, exceedance of delegated authority & an error in EIA screening. Decision of an inspector dated 24th November 2022 dismissing an appeal by CG Fry & Son against the non-determination by Somerset West & Taunton Council of the discharge of conditions on a phased housing development based on the absence of an Appropriate Assessment under the Habs Regs 2017 & the application of NPPF 181. The appeal site lies in the Somerset Levels & Moors SPA & Ramsar Site where the interest features are considered to be unfavourable and at risk of eutrophication caused by excessive phosphates. Decision of an inspector dated 23rd November 2022 dismissing an appeal by Miller Homes Ltd & Bargate Homes Ltd against the non-determination by Fareham Borough Council, of an application for outline planning permssion for up to 375 dwellings on for four field parcels lying in the Strategic Gap between Fareham and Stubbington. Issues at inquiry focused on the impact of the proposal on the character and appearance of the area and consistency with the adopted strategy for the location of new housing. Site had been in Reg 18 of emerging local plan but attracted 500 objections. Other appeals decisions considered. No 5 yr HLS. Decision of an inspector dated 22 November 2022 dismissing an appeal by Christchurch Land & Estates (Melton) Ltd against the refusal of East Suffolk Council, of an application for an 80 bedroom C2 home and 72 assisted care bungalows. Issues around suitability of location having regard to its location in the countryside and access to services and facilities, the need for specialist accommodation, effect on the character and appearance of the area & the suitability of the accommodation given its initial lack of 1 bed units in the face of the Council's SHMA assessment.

Our Special Guest this week is Helen Fadipe MRTPI, Founder and Chair of the BAME Planners Network. Decisions of the Week: Decision of High Court in R(oaf CPRE (Somserset)) v South Somerset DC & ors [2022] EWHC 2817 dated 8th November 2022 allowing CPRE's application for JR & quashing the grant of planning permission for 5 buildings to store carnival floats on open land in the countryside on account of the apparent bias and predetermination of two members who had declared their interests, Council's Code of Conduct considered. Decision of the High Court in R (oaf Tesco Stores Ltd) v Allerdale BC & Lidl GB Ltd [2022] EWHC 2827, dated 8th November 2022 an attempt by Tesco to quash a decision to grant planning permission for a Lidl store on the basis of alleged failures in the officer's report to properly interpret and apply local plan policy SA49 and S30. Decision of an inspector dated 11th November 2022 allowing an appeal by Inland Homes against non-determination by Basildon Borough Council of an application for the demolition of the Lodge & the construction of 47 dwellings with vehicular access at Maitland Lodge, Southend Road, Billericay in the Green Belt. 2007 Local Plan and March 2022 withdrawal of 2014-2034 Local Plan. Decision of an inspector dated 31st October 2022 allowing appeal by Luton Halls Properties Ltd against the refusal of Luton Borough Council, of an application for the conversion & change of use from sui generis student accommodation to 132 C3 flats and demolition of on site warden bungalow at Lea Halls, Bute Street, Luton. Issues around change of use in the context of the Luton TC Masterplan Framework, efficient use of land, living conditions and impact on character & appearance, public realm & accessibility to the town centre.

This week, our special guest is Richard Schofield, Head of Profession at the Planning Inspectorate. Decisions of the Week: The Supreme Court decision in Hillside – This Wednesday, the Supreme Court decision in the Hillside litigation was handed down. This is a seminal decision in the relationship of planning permissions relating to the same site. The High Court decision in Standard Life v Secretary of State & Ors [2022] EWHC 2632 (Admin) – A decision of James Strachan KC (sitting as a Deputy Judge of the High Court) dealing with the critical issue of presentation of a case at inquiry and the legal approach of an Inspector in the light of how the case is put in the context of a claimed breach of condition in a Section 78 appeal dealing with the redevelopment of a major site in Bath. Decision of an inspector dated 24 October 2022 in which an Inspector deals with a major redevelopment of a site in Tottenham for a mixed use development of 867 homes and whether the proposal complied or not with the development plan and the effect of the tilted balance in the planning balance. Decision of an inspector dated 25 October 2022 in which the Inspector was dealing with a proposed world-class Golf Course, hotel and over 1000 houses in the Green Belt and whether there were very special circumstances which outweighed the harm to the Green Belt.

Our Special Guest this week is Julie James MS, Welsh Minister for Climate Change. Decisions of the Week: Decision of an inspector dated 11th October 2022 concerning an appeal by Waddeton Park Ltd against the refusal by Exeter City Council to grant permission for an outline phased development of up to 100 dwellings on a greenfield site, raising issues about the effect of development in a strategic gap and the Exe Estuary SPA & Pebblebed Heaths SAC & SPA. Decision of an inspector dated 10th October 2022 allowing Bellway Homes Ltd's appeals for residential development of 119 dwellings on phases 3 &4 and 183 dwellings on phase 5 against the refusals by Bolton MBC, both on land designated as “other Protected Land” in the Bolton Core Strategy. Issues raised about the impact on landscape character & visual impact of sites outside but abutting the settlement boundary. Decision of an inspector dated 4th October 2022 refusing to confirm the London Borough of Barking & Dagenham Council (Vicarage Field and surrounding land) Compulsory Purchase Order 2021 under section 226(1)(a) of the Town & Country Planning Act to facilitate, amongst other matters, the redevelopment of the Vicarage Field Shopping Centre. Viability of the scheme with outline permission not demonstrated by AA. Decision of an inspector dated 5 October 2022 allowing an appeal by Robert Hitchens Ltd against non-determination by Cheltenham Borough Council, of an outline application for up to 250 dwellings at Oakley Farm, Cheltenham in the Cotswold AONB. No 5 yr HLS. Three rule 6 parties. Issues raised around design, impact on character & appearance, impacts on designated heritage assets. Application of NPPF 177 re AONB & 202 re-designated heritage assets. Tilted balance, not displaced.

This week, we are joined by Melanie Leech CBE, Chief Executive of the British Property Federation. Decisions of the Week: Decision of the High Court dated 28th September 2022 concerning a challenge to the grant of permission by Cornwall Council for an extension to a Golf & Country Club in St Just, which lies in the Cornwall AONB and the designated Penwith Heritage Coast. Decision of an inspector dated 26th September 2022 allowing two separate appeals on greenfield sites outside but abutting the settlement boundary of Malmesbury, against the refusals by Wiltshire Council of outline applications for the development of up to 50 and up to 26 dwellings respectively. Issues around impact on character & appearance. Decision of an inspector dated 28th September 2022 allowing an appeal against the refusal of Wealden District Council for a mixed-use urban extension of up to 700 dwellings, employment floorspace, medical centre & primary school on a site identified as a Strategic Development Area in the Core Strategy, with European Protected Habitats in the area, contrary to an officer recommendation for approval and in the context of a 3.66 HLS. Decision of an inspector dated 23rd September 2022 allowing an- appeal against non-determination by Basildon District Council, of an outline application for the part demolition & redevelopment of the Eastgate Shopping Centre & adjoining land to provide a mixed use scheme of up to 2800 dwellings including build to rent, open market sale, student accommodation, later living & co-living, retail & commercial floorspace, public realm & car parking. No 5 yr HLS. Issues raised around design, impact on character & appearance, impact on designated heritage assets.

Our Special Guest this week is Richard Garlick, Editor of Planning Resource Magazine. Decisions of the Week: Decision of the Secretary of State dated 26th August 2022 on a recovered appeal granting planning permission for the use of a site in West Norwood as a metal recycling and management facility in the London Borough of Lambeth. Decision of an inspector dated 2 September 2022 dismissing an appeal of Cooper Estates Strategic Land Ltd against the refusal by Tunbridge Wells Borough Council for the development of a C2 care community for 108 units of accommodation on a greenfield site in the Green Belt. VSC not found. Decision of an inspector dated 31st August 2022 allowing an against the refusal of Central Bedfordshire Council for a C2 Care village of up to 181 dwellings on a greenfield site, raising issues about impact of the landscape and 5 yr housing land supply. Decision of an inspector dated 25th August 2022 allowing appeal against the refusal by Welwyn Hatfield Borough Council of an application by HG Group on a brownfield site for its redevelopment for 289 C3 units and community hub (Use Class E/F) landscaping, access & car parking. Issues raised around design, character & appearance, impacts on designated heritage assets, mix & sustainability. For more information and resources, please visit our website.

Our Special Guest this week is Matthew Spry, Senior Director at Lichfields, who will help make sense of the 2021 Census. Decisions of the Week: R (oao Wyatt v Fareham Borough Council & Others [2022] EWCA Civ 983 a decision of the Court of Appeal dated 15th July 2022 dismissing an appeal against the decision of Mr Justice Jay dismissing a claim for JR of the decision to grant outline permission for C3 development raising issues about the lawfulness of the AA conducted under Reg 63 of the Habitat Regs 2017 applying Natural England's Technical Guidance Note for the Solent Region. Decision of an inspector dated 12th July 2022 allowing an appeal by Healey Development Solutions (Barnet House) Ltd against the refusal by the London Borough of Barnet for the redevelopment of the site comprising a vacant 12 storey 1960s office block for to 260 homes & 709 sqm of Class E development because of the alleged impact on the character and appearance of the area, due to height, scale, massing & density of the proposal. Decision of an inspector dated 11th July 2022 dismissing an appeal against the refusal of Bournemouth Christchurch & Poole Council for the demolition of a hotel and its redevelopment for a mixed use scheme of 5 buildings sited in the Town Centre, in a Conservation Area. Decision of an inspector dated 8th July 2022 allowing appeals by Alexpo Ltd & Network Rail Infrastructure for planning permission, against the decisions of Elmbridge Borough Council to 1) refuse permission for the redevelopment of the former Jolly Boatman site at Hampton Court Station for 97 homes & a hotel with Class E retail units, station interchange & car parking and 2) temporary car park use for a period not exceeding two years. Issues around heritage impacts on multiple DHA including Hampton Court Palace & the quantum of AH, & the South Western Railway Act 1913.

Our Special Guest this week is Toby Savage, Leader of South Gloucestershire Council. Decisions of the Week: Decision of Court of Appeal in Barton Park Estates ltd v Secretary of State & Anor [2022] EWCA Civ 833 dated 21st June 2022 dismissing an appeal against the decision of His Hon Judge Jarman dismissing a section 288 appeal against an inspector's refusal to grant a certificate of lawful use or development for the stationing of up to 80 caravans “for the purposes of human habitation” at Magpie Leisure Park, Bedford Bridge, raising issues about the scope of a 1987 planning permission & I'm Your Man. Decision of an inspector dated 30th June 2022 allowing an appeal by Yelland Quay Ltd against the refusal by North Devon District Council for a hybrid application for detailed demolition, flood defence works & bat building & vehicle parking for Tarka Trail & outline permission for mixed use including 250 dwellings, Class E employment & retail floorspace on land formerly occupied by a coal-fired station, allocated for development & located in an SSSI, near a SAC/SSSI & within the setting of an AONB. Decision of an inspector dated 24 June 2022 allowing an appeal by Churchill Retirement Living against the failure of Wychavon District Council to give notice of a decision for retirement living accommodation, with a single issue based on viability, and a consequential affordable housing contribution. Decision of an inspector dated 30th June 2022 dismissing appeals for planning permission & listed building consent, against the decision of City of London Corporation, for the refurbishment extension and conversion of the Custom House, a grade 1 LB for hotel led scheme based on the application of NPPF 202.

Our Special Guest this week is Marc Van Grieken MSc FLI, Landscape Architect, Chair of the Landscape Institute's Technical Committee. Decisions of the Week: Decision of Minister for Housing dated 7th June 2022 dismissing a recovered appeal by Island Gas Ltd, in accordance with the inspector's recommendation, for drilling & testing of hydrocarbons at EP1 Well at Ellesmere Port Wellsite, Cheshire raising questions around energy, shale gas & climate change policy, WMSs & NPPF, effects on mental health. Decision of an inspector dated 13 June 2022 allowing an appeal by David Wilson Homes against the refusal of Charnwood Borough Council for 170 dwellings & granting outline permission on open arable land on the southern edge of Sileby, a service centre. No 5 yr HLS, NPPF 11(d) applicable, emerging local plan, loss of BMV, impact on character & appearance. Decision of an inspector dated 14 June 2022 dismissing an appeal by a landowner against the decision of Mansfield District Council to refuse permission for up to 204 dwellings on greenfield land raising issues around ecology & biodiversity in particular nature conservation & support for Priority Habitats & Species and BNG. Decision of an inspector dated 15th June 2022 allowing an appeal against the decision of North Somerset Council for up to 100 dwellings on land adjoining but outside the settlement boundary, occupied by agricultural buildings & one house at Yatton, a service centre near Bristol. Neighbourhood plan, issues around 5 yr HLS, emerging now local plan, location & scale of development, impact on ecology & biodiversity & Grampian conditions.