Planning and Infrastructure

CIL Commencement Notices and the Consequences of Failure - but is Relief in Sight?

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A recent High Court case serves as a useful reminder to developers of the strict procedural requirements of the Community Infrastructure Levy (CIL) and the potentially severe consequences if they fail to comply. More …

Raynsford Review: A review of the English planning system

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At the end of last year the final report in respect of the Raynsford Review was published, we examine it in more detail. The aim of the report was to set out a new vision for planning in England and rebuild trust in the planning process by communicating with the public as well as professionals. More …

Does breaching a pre-commencement condition prevent implementation?

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The recent High Court case of R (Howell) v Waveney District Council [2018] EWHC 3388 is a helpful reminder that breaching a condition going to the "heart" of a permission renders implementation of that permission unlawful. More …

Display of Advertisements and Discontinuance Notices

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The recent case of Putney Bridge Approach Limited v Secretary of State for Communities and Local Government [2018] EWCA Civ 2268 has helped clarify how local planning authorities ("LPAs") should exercise their powers when serving discontinuance notices requiring the removal of an advertisement that has deemed consent and approach the question of whether to withdraw deemed consent for a specific advertisement or the whole site on which it is displayed. More …

To Pre-Commence or not to Pre-Commence?

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On 1st October 2018, the Town and Country Planning (Pre-commencement Conditions) Regulations 2018 ("the 2018 Regulations") came into force. The 2018 Regulations apply to pre-commencement conditions imposed on any planning permission which is granted on or after 1st October 2018. More …

Build to Rent – Overview of the evolving housing landscape

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The housing question has always been a complex one and over recent years there has been a seismic shift in housing policy with the intention of finding a solution to plug the yawning gap left by a shortfall of homes. Whilst it is not claimed it will be the panacea, Build to Rent (BtR) has been offered as a solution and we take a look at how this sector has evolved. More …

The beginning of the end for pre-commencement conditions?

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Consultation is underway on draft regulations which seek to create an exemption to a local planning authority's need to obtain the applicant's written agreement to a pre-commencement condition. More …

Custom Builds – an opportunity for developers

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With the Government keen to encourage a more mixed approach to housebuilding, developers should be looking to capitalise on the duty of local planning authorities to grant permissions for plots to meet the demand for self and custom builds. More …

CIL commencement notices: the proof is in the postage

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Developers should take heed of the recent appeal to the Planning Inspector (reference APP/M0933/L/17/1200112) where the appellant was handed a surcharge for his failure to submit a commencement notice. More …

A planning authority's duty to give reasons

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The Supreme Court recently held, in Dover District Council v CPRE Kent [2017] UKSC 79,that in special circumstances a Local Planning Authority may be under a duty to give reasons for its decisions in the interest of fairness and openness, despite there being no general duty under statute. More …