Have We Got Planning News for You – Season 5
Have We Got Planning News for You‘s live show is now monthly at 5:00pm on the first Thursday of each month. 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. Additional recorded content including fortnightly case updates will be posted to HWGPNFY’s YouTube Channel, Spotify and Apple podcasts.
You can catch up with previous series here.
Kate Henderson, Chief Executive of the National Housing Federation (S5 E3) – 2 December 2021
Decisions of the Month:
- Decision of the Secretary of State for LUH&C dated 11th November 2021 dismissing an appeal against the refusal of the City of London Corporation for a 305.3 m AOD building, the Tulip, comprising a mixed use visitor attraction, raising issues about the design process, the effects on multiple designated heritage assets, including a World Heritage Site & strategic views.
- Decision of the Secretary of State for LUH&C dated 11th November 2021 dismissing an appeal against the failure of Brighton & Hove City Council to determine an application, for a residentially led mixed use development in 3 buildings of 9-28 storeys, at Brighton Marina; raising issues of overall design, living conditions, character & appearance, including the setting of heritage assets and the South Downs National Park.
- Decisions of the Secretary of State for LUH&C dated 11th November 2021 allowing a full application made to St Helens Borough Council, referred under section 77 of the T&CPA 1990, granting permissions for the erection of B8 logistics warehousing close to the M62 in the Green Belt at Omega & Parkside together with essential infrastructure (Parkside Link Road). Main issues include harm to GB plus other identified harms, and if outweighed by need for employment land and public benefits, thus VSC.
- Decision of the Minister for Rough Sleeping & Housing dated18th November 2021, dismissing Westferry’s appeal against the failure of the London Borough of Tower Hamlets to determine their application for a mixed use scheme comprising 1524 C3 units & commercial uses following a reopened public inquiry. Main issues relate to effect on character & appearance, harm to heritage assets, a realistic fallback position, the lack of a 5 yr HLS & the overall planning balance.
Recording and episode resources: https://havewegotplanningnewsforyou.com/kate-henderson-chief-executive-of-the-national-housing-federation-s5-e3/
Brian May CBE and Anne Brummer, Queen Guitarist, CEO and Co-founder of the Save Me Trust (S5 E2) – 4 November 2021
Decisions of the Month:
- Decision of the Court of Appeal dated 15th October 2021 refusing permission to appeal by the London Borough of Hillingdon against the dismissal of a claim by Sir Duncan Ouseley for JR of a decision by an inspector on an appeal under paragraph 22 of Schedule 17 “Conditions of Deemed Planning Permission”, to the High-Speed Rail (London-West Midlands) Act 2017 (“the HS2 Act”) concerning lorry routing arrangements.
- Decision of an Inspector dated 18th October 2021 allowing Miller Homes’ appeal against the refusal by Fareham BC of an outline application for up to 350 homes at Porchester, an earlier appeal dismissed on highway grounds, NPPF issues relating to the effect of development upon Portsmouth Harbour Special Protection Area (SPA) and the Solent and Southampton Water SPA, heritage & absence of 5 yr HLS.
- Decision of an Inspector dated 25th October 2021 allowing Whitstable Oyster Company Limited’s appeal against enforcement notices issued by Canterbury City Council relating to construction of oyster trestles for cultivating and farming of oysters at Whitstable beach between the low and highwater mark. Issues centred on the effects of development on the ecology of the SPA and the Swale RAMSAR, economic benefits & marine safety & recreational activity.
- Decision of an Inspector dated25th October 2021 dismissing Gladman Development Limited’s appeal for outline planning permission for up to 220 homes, refused by Uttlesford District Council, on agricultural land, on the northern side of Elsenham, outside the “development limits” of the local plan with boundaries along the M11 & West Anglia main line railway. Main issues relate to noise, BMV and the overall planning balance given a 3.1 HLS.
David L Morgan BA MA(T&CP) MA(Bid Con IoAAS) MRTPI IHBC, Professional Lead Planning Appeals at the Planning Inspectorate (S5 E1) – 14 October 2021
Decisions of the Month:
- Decision of an Inspector dated 15th September 2021 allowing an appeal by Manor Oak Homes against the refusal by South Oxfordshire DC to grant permission for 150 homes on a greenfield site in the Didcot Garden Town masterplan area, raising issues on HLS, the effect of development on the character and appearance of the landscape, the weight to be given to conflicts with the development plan and the application of a tilted planning balance.
- Decision of an Inspector dated 20th September 2021 allowing Exigo Project Solutions’ appeal against the refusal by Rother DC of an outline application for 160 homes on an allocated site, where issues relating to the effect of development upon the Pevensey Levels SAC, Ramsar & SSSI and the impact of the surface water drainage scheme on landscape character.
- Decision of an Inspector dated 28th September 2021 allowing Ashill Land Ltd’s appeal against the refusal by North Hertfordshire DC of an application for 167 homes on agricultural land, in the Green Belt, proposed to be released and allocated for housing in the draft local plan, in the late stages of examination, in the context of a 1.47 year supply.
- Decision of an Inspector dated 30th September dismissing Taylor Wimpey UK’s appeal for demolition & permission for 307 homes, refused by the London Borough of Barnet, on a former Homebase site close to North Finchley Town centre; issues related to 5 year HLS and the impact of the proposed 9 storey residential blocks on the character and appearance of the area judged to be predominately low to mid-rise residential development.
Recording and episode resources: https://havewegotplanningnewsforyou.com/david-morgan-professional-lead-for-planning-appeals-at-the-planning-inspectorate-s5-e1/
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