Have We Got Planning News for You – Season 4
Each week on Have We Got Planning News for You, the panel – Charlie Banner QC, Paul G Tucker QC, Mary Cook, Sasha White QC and Christopher Young QC – discuss the latest developments in planning law and policy from the week.
Episodes from previous series are available on Have We Got Planning News For You YouTube Channel.
Baroness Hale of Richmond, Former President of the Supreme Court (S4 E3) – 6 May 2021
Decisions of the Week:
- R (oaf Hudson) V Royal Borough of Windsor & Maidenhead, Legoland Windsor Park Ltd  EWCA civ 592 a Court of Appeal decision dismissing an appeal against the decision of Lang J who had rejected a challenge to the Council’s decision to grant permission, contrary to the officer recommendation, for a holiday village in the GB at Legoland.
- Hertfordshire County Council v Secretary for State for HC&LG  EWHC 1093 a High Court decision confirming that post 6 May 2021 LPAs in England have no powers under the 1972 LGA to meet remotely to determine planning applications & conduct other LG business.
- Decision of the Secretary of State dated 29th April 2021 allowing a recovered appeal against Swale Borough Council’s failure to determine a 2017 hybrid application for a residentially led mixed use scheme of up to 595 dwellings, on land largely allocated for development where no 5 yr HLS could be demonstrated. Swale sought conditions to secure a 50 % reduction in carbon emissions from C3 dwellings. A new link road was judged not to worsen air quality.
- Decision of an inspector dated 26th April 2021 allowing an appeal against the decision of Torbay Council to refuse outline permission for a mixed scheme of up to 373 C3,D1 & A3/A4 uses on land outside the established built up area, not identified in the Brixham Peninsula Neighbourhood Plan. Issues included impact on nearby setting of AONB, reduction of the gap between Galmpton & White Rock, South Hams SAC, setting of CAs. No 5 yr HLS, tilted balance engaged.
Crispin Truman OBE, Chief Executive of the CPRE (S4 E2) – 29 April 2021
Decisions of the Week:
- Manchester City Council v Secretary of State for HC&LG & others  EWHC 858 a decision of Mr Justice Knowles allowing statutory appeals against an inspector’s decision to allow an enforcement notice appeal raising issues relating to the correct interpretation of the planning unit & I‘m Your Man.
- Swainsthorpe PC v Norfolk County Council & South Norfolk DC  EWHC 1014 (admin), a decision of Mrs Justice Lang DBE relating to a successful claim for JR of a consultation response issued by a highway authority in the context of an application for planning permission which had regard to economic benefits.
- Decision of an inspector dated 20th April 2021 dismissing an appeal by North Herts DC against Central Beds refusal of a proposed crematorium in a rural location.
- Decision of an inspector dated 19th April 2021 dismissing Sharpe Refinery Service Ltd’s appeal against the decision of the London Borough of Richmond upon Thames to refuse permission for a mixed scheme of two new build units and an extension to Buildings of Townscape Merit, raising issues of loss of commercial floorspace, HLS, the applicability of the 35% uplift, fallback position, waste policies, the implications for the continuing use of Twickenham Studios.
Peter Freeman, Chair of Homes England (S4 E1) – 22 April 2021
Decisions of the Week:
- Decision of an inspector dated 22nd March 2021 allowing an appeal by Wates Developments against Tonbridge & Malling BC’s failure to determine their outline application for up to 250 homes on a greenfield BMV site; application of tilted balance due to lack of HLS.
- Decision of an inspector dated 29th March allowing Dylon 2 Ltd’s appeal granting full planning permission for the demolition of existing buildings & redevelopment for a four to eleven storey C3 development for 254 dwellings on MOL land where LPA had no 5 yr HLS & whether VSC demonstrated.
- Decision of the Secretary of State dated 31st March allowing an appeal by Bluescape Ltd for a part 6, part 7 storey development for 193 dwellings on a former police station & allocated site in the High St, Brentford in the face of NPPF 196 engagement & 20% AH.
- Decision of an inspector dated 13th April 2021 allowing Applegreen PLC’s appeal & refusing Moto Hospitality’s appeal against Harrogate BC’s refusals of their outline applications for permission for a MSA on the A1(M) raising issues around a need for a MSA, landscape & BMV issues, effects on highway safety, drainage, flood risk & impacts on DHA.
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