UK Planning Law Blog

[...] The Green Belt is back in the news. DCLG has updated the NPPG, and included responses to two further questions [...]

[...] and production phases fall within the NPPF 90 approach to mineral exploration in the Green Belt – they are not ‘inappropriate development’ per se. Given that the policy approach to Green [...]

[...] of a lease of an ACV. Listing Time Action Day 1 Building or land is nominated to the local authority by a parish council (in England) or a community council (in Wales) or a voluntary or [...]

[...] – perhaps agreeing to Section 106 obligations that repay the application fee to the local authority where it has been clawed back at week twenty six, provided that the decision is made [...]

[...] with other businesses should not be disclosed, because the commercial harm was not in the public interest, but private sales and registered provider deals should be. The ICO was wrong to refuse to [...]

[...] 2013 on this basis, despite estimating that it would take 25 person hours to do so.  The public interest in understanding the site allocation process was key.  Strategic land owners should be [...]

[...] and the implications of the Government’s emerging Infrastructure Bill. Investor and public interest unabated The Government’s 2014 autumn statement announced a £5m fund for public [...]

[...] sensitive areas is ‘major development’, there has to be an exceptional case and a public interest for allowing it to proceed. This is already being heralded as prohibiting  [...]

[...] be taken into account in deciding planning applications.  Is this advice right? What is a material consideration is a matter for the Courts.  The Courts have always had a generous interpretation of [...]

[...] regulatory regimes (and the views of the regulators); public disorder is not a material consideration for these projects: planning authorities are not entitled to refuse permission for an [...]

[...] moratorium (see below) and is now run as a co-operative. ACV status was not meant to be a material consideration in determining planning applications although it was, perhaps, inevitable that it would [...]

[...] – in some cases on the explicit – but bizarre – basis that the loss of the fee is a material consideration.  Once the 26 week limit approaches, there is often a concerted push to agree to [...]

[...] the introduction of the government’s ‘special measures’ regime for poorly performing local planning authorities, the secretary of state has determined the first planning application submitted [...]

[...] to occupants of the building.  Rather than trying to buttress the clauses surely local planning authorities would be better just to accept that the provisions are declaratory and leave it at that. [...]

[...] or less (with up to 1,000sqm ‘gross’ floorspace). In ‘designated rural areas‘: local planning authorities may choose to apply a lower threshold of 5-units or less.  No affordable [...]

[...] of definition about these issues will provide developers with some opportunities and local planning authorities with headaches.  We will follow up this blog on the potential different outcomes [...]

[...] Town and Country Planning Act 1990 to reduce its affordable housing contribution on viability grounds. The appeal by Tamewater Developments Limited followed the refusal of Oldham Borough [...]

[...] housing should be reduced.  It is a reminder to get the basics right in an appeal on viability grounds and where the burden of proof lies. The scheme was intended to be 100% affordable and it was [...]

[...] the Section 106 regime to allow developers to challenge affordable housing obligations on viability grounds. The first wave of decisions contains some pointers on how the system is shaping up. [...]

[...] in its appeal to reduce its affordable housing contribution on a scheme in Shepshed on viability grounds. Bloor entered into a planning obligation in November 2012 which required the provision of [...]

[...] developer, Bloor Homes Limited (“Bloor”), succeeded in its appeal to reduce its affordable housing contribution on a scheme in Shepshed on viability grounds. Bloor entered into a planning [...]

[...] appealed under Section 106BC of the Town and Country Planning Act 1990 to reduce its affordable housing contribution on viability grounds. The appeal by Tamewater Developments Limited followed the [...]

[...] existing gross floorspace of relevant vacant buildings should be given when any affordable housing contribution in calculated. Affordable housing contributions would be required for any [...]

[...] Rushden Lakes scheme. It has been refreshing to build such a positive relationship with the local community and so many of the public bodies involved, with the aim of realising the benefits it will [...]

[...] of buildings or land being listed with the aim of maintaining the current use for the local community, but there is some confusion about what listing as an ACV means for the site and the [...]

[...] of granting permission for a windfarm is that long term benefits will be provided for a local community, surely that is material? There is then a separate question about what, if any, weight can be [...]

[...] Group proposal for £20,000 to be paid to UK Community Foundations on trust for the local community for each unique lateral well.  The Secretary of State will have a power to step in [...]

[...] reports would be commercially harmful. Nonetheless, applying the public interest test under the EIR regime, it decided that the interest in disclosure outweighed the harm. LB Southwark appealed the [...]

[...] quality and extent of public involvement in and scrutiny of decisions on the environment. The EIR regime must be approached in that light. All of the exceptions to disclosure under the EIR are ‘ [...]

[...] Reserved Matters Approval is not a planning permission, Section 73 or S96A of the Town and Country Planning Act 1990 are not applicable when seeking to vary conditions imposed on Reserved Matters [...]

[...] Another developer has successfully appealed under Section 106BC of the Town and Country Planning Act 1990 to reduce its affordable housing contribution on viability grounds. The appeal by [...]

[...] pull in different directions. Planning obligations under section 106 of the Town and Country Planning Act 1990 are often wrongly seen as a safer bet than conditions to secure essential affordable [...]

[...] the first planning application submitted directly to him.  Section 62A of the Town and Country Planning Act 1990 (amended by the Growth and Infrastructure Act 2013), which came into force on 1 [...]

[...] buildings should be given when any affordable housing contribution in calculated. Affordable housing contributions would be required for any increase in floorspace. Opaque intentions The new policy [...]

[...] from different planning authorities. The principle behind the credit is simple.  Affordable housing contributions and planning contributions should now be based on the net increase infloorspace.  [...]

[...] We have previously reported on successful appeals by developers to reduce affordable housing contributions under the Section 106BC appeal mechanism.  Shortly before Christmas a further [...]