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Have We Got Planning News For You

Have We Got Planning News For You

By HWGPNFY
Have We Got Planning News for You is a light-hearted review of the last two weeks developments by five barristers from across the Planning Bar: Paul Tucker QC, Mary Cook, Sasha White QC, Charles Banner QC and Christopher Young QC.

We invite a special guest from the most influential ranks of the Planning World, and we host a special topic each week from Garden Cities to Planning Reform. There is no charge for the event, but we encourage viewers to make a modest donation to the NHS Combined Charity or whichever local charity you may prefer.
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Kate Henderson, Chief Executive of the National Housing Federation (S5 E3)
Kate Henderson is Chief Executive of the National Housing Federation (NHF), the voice of housing associations in England. Prior to joining the NHF in 2018 Kate was Chief Executive of the Town and Country Planning Association. Kate is passionate about tackling the housing crisis, inequality and climate change. 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.
01:02:31
December 03, 2021
Brian May CBE and Anne Brummer, Queen Guitarist, CEO and Co-founder of the Save Me Trust (S5 E2)
Our Special Guests this week are Brian May, CBE, PhD FRAS and Rock legend and Anne Brummer, CEO and Co-founder of the Save Me Trust. Brian is a founding member of Queen, a world-renowned guitarist, songwriter, producer and performer, also a Doctor of Astrophysics, campaigner for animal rights and a passionate advocate for political and social change. Brian, along with Anne, Co-founded the Save Me Trust. 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.
01:02:53
November 04, 2021
David Morgan, Professional Lead for Planning Appeals at the Planning Inspectorate (S5 E1)
This month, we are joined by David L Morgan BA MA(T&CP) MA(Bid Con IoAAS) MRTPI IHBC, Professional Lead Planning Appeals at the Planning Inspectorate 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 master plan 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.
53:16
October 14, 2021
Clive Betts MP, Chair of the MHCLG Select Committee (S4 E10)
Our Special Guest this week is Clive Betts MP, Chair of Housing, Communities & Local Government Committee. He is the Labour MP for Sheffield South East, and has been an MP continuously since 9 April 1992. Decisions of the Week: Mark McGaw v Welsh Ministers [2021] EWCA Civ 976a decision of the Court of Appeal dismissing an appeal against the decision of HH Judge Jarman QC who had allowed an appeal against the decision to refuse the Claimant’s appeal against Swansea Council’s refusal of a certificate of lawful use or development under class E of Schedule 2 of the T&CP(GPD) Order 1995 as it applies in Wales. Valero Logistics UK LTD v Plymouth City Council & Halo Aviation Ltd [2021] EWHC 1792 (Admin) a decision of Mrs Justice Thornton DBE dismissing a claim by an adjoining COMAH site operator challenging the grant of planning permission for development comprising a change of use to commercial heliport at Victoria House, Cattedown Road, Plymouth raising issues about planning & other regulatory regimes. Decision of an inspector dated 25th June 2021 allowing Senior Living’s appeal against the decision of South Oxfordshire District Council to refuse a hybrid application for a C2 use of 133 units & 73 assisted living units & an outline application for up to 60 units assisted living units at Sonning Common in the Chilterns AONB. Decision of an Inspector dated 29th June 2021 allowing Redrow Homes’ appeal against the refusal by London Borough of Merton Council of an application for 456 homes in 2 blocks of between 7 and 15 storeys on a PDL site occupied by a vacant commercial building & car park, where issues relating to character & appearance, parking & HLS were raised.
59:52
July 08, 2021
Anna Rose MRTPI, Head of the Planning Advisory Service (S4 E9)
Anna is the Head of the Planning Advisory Service and has oversight of the whole programme of activity. She manages the team and client relationships. Anna is a member of the Improvement management team at the LGA. Decisions of the Week: R (oao Save Stonehenge WHS) v Secretary of State Transport & Highways England & Historic England [2021] EWHC 1642. A decision of Mr Justice Holgate dismissing an interlocutory application to add an additional ground, & a related order for disclosure, to the claim seeking to quash the DCO consent for the A303 scheme at Stonehenge, ordered to be dealt with via a rolled up hearing. Decision of the Secretary of State  dated 23rd June 2021 dismissing an application, in accordance with the inspector’s recommendation, called in under S77, by U&I & The London Fire Commissioner into a mixed use scheme at Albert Embankment on a site allocated for redevelopment in the emerging Lambeth Local Plan, less than substantial harm identified to DHAs including to the OUV of the Palace of Westminster WHS & harm to living conditions of residents not outweighed by scheme benefits. Decision of an Inspector dated 23rd June 2021 allowing Keepmoat Homes  appeal against the refusal by Newark & Sherwood District Council of an application for 103 homes on an allocated greenfield site, where issues relating to density, proposed mix and living conditions were raised. Decision of an Inspector dated24th June2021 allowing William Davis Ltd’s appeal for up to 70 homes, refused by Charnwood Borough Council, on a site outside the limits of development defined in both the Local Plan and the Woods Village Neighbourhood Plan; issues related to BMV, loss of ridge & furrow ie non DHA & AH. & viability, amenity given nearby poultry farm & 5 or 3 year HLS.
01:03:36
July 01, 2021
Paul Brocklehurst, Chairman of the Land Promoters & Developers Federation (S4 E8)
This week our Special Guest is Paul Brocklehurst, Chairman of the Land Promoters & Developers Federation. Paul was the Chief Executive of Catesby Estates plc for 15 years before stepping down in May 2020. Decisions of the Week: Bansal v  Secretary of State HCLG & London Borough of Hounslow  [2021] EWHC 1604. A decision of Mrs Justice Lang DBE dismissing a claim under section 289 against the decision of an inspector to dismiss the Appellant’s appeal against an enforcement notice in respect of the unauthorised conversion of a property into two flats. R (oao Danning) v Sedgemoor District Council [2021] EWHC 1649. A decision of Mrs Justice Steyn dismissing a claim for judicial review of the decision to grant planning permission for the change of use of a pub to a residential dwelling raising Equality Act issues & matters of related to the interpretation & application of policy. Decision of an Inspector dated 15th June 2021 allowing Fairview New Homes  appeals against the non-determination by Epping Forest District Council of applications for 139 and 287 homes on former playing fields, identified for housing in an emerging local plan, where tilted balance engaged due to a lack of 5 year HLS.
01:02:06
June 24, 2021
Tony Juniper CBE, Chair of Natural England (S4 E7)
This week, our special guest is Tony Juniper CBE, campaigner, writer, sustainability adviser, well-known British environmentalist and Chair of Natural England. Decisions of the Week: R (oao Ocado Retail Ltd) v London Borough of Islington [2021] EWHC 1509. A decision of Mr Justice Holgate dismissing a claim for JR seeking to quash a decision to revoke a CLEUD pursuant to section 193 (7) of TCPA 1990 originally granted on the basis of a breach of condition exceeding 10 years. R (oao Wyatt) v Fareham Borough Council [2021] EWHC 1434. A decision of Mr Justice Jay dismissing a claim for judicial review of the decision to grant planning  a permission based on detailed criticisms of the OR including an allegation that NE’s Advice Note with regard to Reg 63 Hab Reg did not meet the required standard of certainty under the Habitats Directive Decision of an Inspector dated 8th June 2021 allowing Renaissance Retirement Ltd’s appeal against the decision of New Forest District Council to refuse an application for planning permission for the redevelopment of land for 44 sheltered apartments for the elderly based on the impacts on heritage assets and the character and appearance of the area. Decision of an Inspector: Colney Heath is an appeal allowed for 100 houses in a greenfield Green Belt site which is not even a draft allocation in an emerging (or even an abandoned) local plan. 45% affordable housing and 10% self build. The Inspector found no harm to the encroachment to the countryside.
01:01:06
June 18, 2021
Jennie Daly, Group Operations Director at Taylor Wimpey PLC (S4 E6)
Our Special Guest this week is Jennie Daly, Group Operations Director & Executive Director at Taylor Wimpey PLC. Decisions of the Week: Juden v London Borough of Tower Hamlets & Crest Nicholson & Secretary of State for HCLG [2021] EWHC 1368. A decision of Sir Duncan Ouseley allowing an application for judicial review quashing a decision to grant permission & listed building consent for residential development of the former London Chest Hospital, a Grade 11 LB in a Conservation Area involving the relocation of a veteran mulberry tree. Issues around the adequacy of the officer report, NPPF 195 & 196 & publication of consultation responses. R (oao Kinsey) V London Borough of Lewisham & City of London Corporation [2021] EWHC 1286. A decision of Mrs Justice Lang DBE quashing a permission for the demolition of two 1970s buildings & their replacement with taller building, part of the site lies in the Sydenham Hill Conservation Area. Heritage issues around the omission of significant parts of the conservation officer’s advice. Decision of an Inspector dated 14 May 2021 allowing Churchill Retirement Living Ltd’s appeal against the failure of Hart District Council to determine an application  planning permission for the redevelopment of the former Fleet Police Station for 31 retirement apartments on design grounds & impact of TBH SPA. Decision of an inspector dated17th May2021 dismissing an appeal against the former South Northants District Council’s refusal of an outline application for residential development on land outside, but adjacent to, the village settlement confines of Paulerspury. 
01:01:33
May 27, 2021
Christine Thorby, Director of Strategy at the Planning Inspectorate (S4 E5)
Christine Thorby DipTP MRTPI IHBC joined the Inspectorate from a Local Planning Authority in February 2003. Her vast experience and knowledge gives her insight that is so valuable for our current and future success. Her appointment ensures an inspector presence at Executive Team and Board. Decisions of the Week: Decision of Secretary of State dated 10 May 2021 allowing an appeal, in accordance with the inspector’s recommendation, against the failure of the London Borough of Sutton to determine an application for a special needs school on open land allocated for a SEN school & open space. Decision of Secretary of State dated 13 May 2021 allowing an appeal on an application recovered by him relating to the proposed restoration of the grade II* listed Whitechapel Bell Foundry for creative industries & café & the construction of a new hotel building not resisted by the London Borough of Tower Hamlets but by a Rule 6 party.      Decision of Secretary of State dated 12 May 2021 dismissing an appeal against the decision of Elmbridge Borough Council to refuse planning permission for the redevelopment of parts of Sandown Park Racecourse for a 150 bed hotel, up to 318  homes & a relocated nursery in the Green Belt. No VSC found to exist. Decision of an inspector dated12 May2021 allowing an appeal against Lichfield District Council’s refusal of residential led mixed use scheme including a C2 use, at Fradley, Lichfield on a 10 ha greenfield site. 
01:04:47
May 20, 2021
Catriona Riddell MRTPI, Strategic Planning Specialist (S4 E4)
Our Special Guest this week is Catriona Riddell MRTPI, the Strategic Planning Specialist for the Planning Officers’ Society and Director of Catriona Riddell & Associates Ltd. Decisions of the Week: Secretary of State for Transport & Curzon Park Ltd et al [2021] EWCA civ 651 a Court of Appeal decision dismissing an appeal of the decision of the Upper Tribunal (Lands Chamber) on a preliminary issue of law about whether other certificates of appropriate alternative development are to be treated as material planning considerations in determining a CAAD. Sefton Borough Council v Secretary of State for HC&LG et al [2021] EWHC 1082, a High Court decision challenging the decision of an inspector to quash enforcement notices and allow the deemed ground of appeal for inappropriate development in the GB, raising issues on interpretation of NPPF 143 & 144. R (oaf Corbett) v Cornwall Council [2021] EWHC 1114 another decision of the High Court relating to a failed attempt to quash a planning permission for a house at Trevarrian Hill granted based on an allegedly misleading officer report the meaning of the words “immediately adjoining.” Decision of an inspector dated 4th May 2021 dismissing an appeal against the decision of Tendring District Council to refuse planning permission for a change of use to create a retirement park by allowing residential use of caravans based on the adverse impact on tourism and harm to the settlement pattern.
01:01:43
May 13, 2021
Baroness Hale of Richmond, Former President of the Supreme Court (S4 E3)
Our Special Guest this week is Baroness Hale of Richmond DBE PC FBA, former President of the Supreme Court serving from 2017 until her retirement in 2020, and serves as a member of the House of Lords as a Lord Temporal. Decisions of the Week: R (oaf Hudson) V Royal Borough of Windsor & Maidenhead, Legoland Windsor Park Ltd [2021] 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 [2021] 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. 
01:02:57
May 06, 2021
Crispin Truman OBE, Chief Executive of the CPRE (S4 E2)
Crispin is chief executive of the Campaign to Protect Rural England. He has over 20 years’ experience of leading and growing successful, award-winning organisations across multiple sectors, as both chief executive and chair. He was chief executive of The Churches Conservation Trust, the UK charity protecting historic churches at risk, and, prior to that, of Revolving Doors Agency, supporting people with mental health problems in the criminal justice system. Decisions of the Week: Manchester City Council v Secretary of State for HC&LG & others [2021] 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 [2021] 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.
01:01:03
April 29, 2021
Peter Freeman, Chair of Homes England (S4 E1)
This week our Special Guest is Peter Freeman, Chair of Homes England. 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.
54:55
April 22, 2021
RICS Special with Professor Neil Crosby (S3 E10)
In this special episode of Have We Got Planning News For You, we discuss the new RICS Guidance Note on Financial Viability in Planning, with its lead author Professor Neil Crosby. Have We Got Planning News for You is a light-hearted review of the week's latest developments by five barristers from across the Planning Bar: Paul Tucker QC, Mary Cook, Sasha White QC, Charles Banner QC and Christopher Young QC. We five friends from different chambers/firms have decided to come together during COVID-19 to do a weekly hour-long show about the latest legal, policy and other news & decisions in the world of planning.
01:08:56
April 14, 2021
Fiona Howie, Chief Executive at the Town & Country Planning Association (S3 E9)
Our Special Guest this week is Fiona Howie, Chief Executive, Town & Country Planning Association. Court Judgments of the Week: Blackbushe Airport Ltd v Secretary of State for EF&RA & Hampshire CC et al[2021] EWCA Civ 398, the Court of Appeal decision dismissing an appeal against a decision of Holgate J who allowed a challenge to an inspector’s decision to deregister land under the Commons Act 2006 on the basis the inspector had erred in law in concluding land fell within the curtilage of the airport building. Anderson et al v Basildon District Council [2021] EWCA Civ 363, a decision of the Court of Appeal, dismissing an appeal against committal orders sentencing members of the gypsy community to suspended imprisonment orders. R (Croyde Area Residents Association) v North Devon DC & Parkdean Holiday Parks Limited [2021] EWHC 646, a decision of Lieven J extending time & allowing a challenge to a 2014 planning permission, despite a claim for a statutory bar. Decision of the Week: Bloor Homes Western appeal at Ledbury, a decision of the Secretary of State dated 15 March granting outline planning permission for a mixed use development including up to 625 homes on a site allocated within the Core Strategy & lying within the Ledbury Neighbourhood Development Plan, raising issues about the effect on highways, designated heritage assets, the setting of the AONB & HLS.
59:16
March 25, 2021
The Rt Hon. Christopher Pincher MP, Minister of State for Housing (S3 E8)
This week we are joined by The Right Honourable Christopher Pincher MP who was appointed Minister of State at the Ministry of Housing, Communities and Local Government on 13 February 2020. He was first elected Conservative MP for Tamworth in May 2010. Court Judgments of the Week: City & Country Bramshill Ltd v Secretary of State for HC&LG & Hart DC et al[2021]EWCA Civ 320, a Court of Appeal decision dismissing an appeal from the developer against a decision of Waksman J who partly allowed & partly dismissed  challenges to an inspector’s decision to refuse planning permission in relation to development at Bramshill Park, Hampshire raising questions about the interpretation of policy related to heritage & isolated homes in the countryside. Anchor Hanover Group v Arcadis Consulting Ltd [2021] EWHC 543 (TCC) A decision of O’Farrell J on 9 March dismissing an application by the Environment Agency to summarily dismiss a claim for damages based on a duty of care at common owed by the EA in commenting on hydraulic modelling & in so doing arguably going beyond its statutory duty. Decisions of the Week: Camp Hill, Birmingham, a decision of 8th March allowing a recovered appeal against Birmingham City Council’s refusal to grant permission on a site in B2/B8 use for a residentially led mixed use scheme of 7 blocks within the City Centre Growth Area in the development plan, raising issues about the delivery of Camp Hill Chord. Odeon Cinema, Shaftesbury Ave a decision of 10 March an inspector’s decision dismissing appeals by Capital Start Ltd against the refusals of the London Borough of Camden to grant listed building consent & planning permission for the refurbishment, and two storey roof extension and basement levels in the Grade II LB. 
01:02:36
March 18, 2021
Jules Pipe CBE, Deputy Mayor of Planning, Regeneration and Skills for London (S3 E7)
Court Judgment of the Week: Abbotskerswell Parish Council v Secretary of State for HC&LG the Court of Appeal decision due this week on an appeal against a decision of Lang J who dismissed the challenge to the decision 10 grant permission for a mixed use scheme of up to 1200 homes at Woolnough Barton in Teignbridge DC raising EIA, Habitats & Climate Change issues. Decisions of the Week: Shorefield Country Park, Downton, a decision of 23rd February dismissing an appeal against New Forest DC’s refusal to grant a CLEUD to carry out operational development associated with the relocation caravans alleged to be permitted development under Class B of Part 5 in Sch 2, raising issues about the relationship between site licences & permitted development rights.  Sandringham Road, Didcot a decision of 26 February dismissing an appeal by A2 Dominion Developments against the failure of South Oxfordshire DC to determine an application for up to 325 homes in the AONB, a valued landscape and unallocated, but within the master plan boundary of Didcot Town & GV. Moorthorpe Way, Sheffield decision of 7 March allowing an appeal by Avant Homes seeking planning permission for 72 new homes on land allocated for development; raising issues about a lack of comprehensive development, making efficient use of land, impacts on ecology, character & appearance & the location of affordable housing.
01:01:16
March 11, 2021
Mark Southgate, CEO of MOBIE (S3 E6)
This week we are joined by Mark Southgate, the CEO of George Clarke’s educational charity, MOBIE. He is also a member of the RTPI General Assembly. Court Judgments of the Week The Open Spaces Society v Secretary of State EF&RA EWCA [2021] Civ 241; the Court of Appeal dismissing an appeal against a decision of Lieven J which had confirmed that an inspector had not made an error of law when concluding it was expedient to confirm a footpath diversion order under section 119 of the Highways Act 1980. Leech Homes Limited v Northumberland County Council [2021] EWCA Civ 198; a decision of the Court of Appeal on an appeal from the Upper Tribunal raising issues about a CAAD & the basis of compensation of land, situated in the Green Belt, where the Council had no 5 yr HLS, acquired by compulsory purchase. Cheshire East v Mahoney et al  [2021]  EWHC 350; a decision ofMr Justice Turner in proceedings for contempt & seeking permanent injunctions prohibiting the occupation of land by members of the travelling community following the earlier grants of planning injunctions under section 187B of the 1990 T&CPA. Plus “Praise of the Week” and “Nudge of the Week”
55:43
March 04, 2021
Justin Welby, The Archbishop of Canterbury (S3 E5)
Our Special Guest this week is His Grace The Most Reverend and Right Honourable Justin Welby, Lord Archbishop of Canterbury, to discuss the “Coming Home” report into the housing crisis which was commissioned by him and was published this week. Court Judgments of the Week TW Logistics Ltd V Essex County Council [2021] UKSC 4 a decision of the Supreme Court dismissing an appeal relating to a 200 sq m area of hard surfaced land on the edge of a working port at Allen’s Quay, Mistley, registered as a TVG. Thame Town Council v Secretary of State HC&LG & others [2021] EWHC 291 a decision of Mrs Justice Lang dismissing a 288 statutory review of an inspector’s decision to allow an appeal and grant permission for the redevelopment of a business park protected for employment use in the Thame Neighbourhood Plan by a policy which stipulated that a site be marketed for at least a year at a reasonable price. Pearce v Secretary of State BEIS & Norfolk Vanguard Ltd [2021] EWHC 326 a decision ofMr Justice Holgate quashing a DCO under PA 2008 on the basis of a failure to properly assess cumulative impacts. Decisions of the Week Decisions of an inspector dated 9th February 2021 allowing Cateby Estates & Miller Homes Ltd’s appeal granting outline planning permission for up to 400  dwellings on land allocated for development at Whitford Rd Bromsgrove in the face of highways issues. Decisions of an inspector dated 10th February 2021 allowing Bowbridge Land Ltd’s appeal seeking outline permission for up to 260 homes on a green field site, off Harborough Road, Desborough.
01:07:19
February 25, 2021
Dr Wei Yang, President of the Royal Town Planning Institute 2021 (S3 E4)
Our Special Guest this week is Dr Wei Yang, FAcSS  FRTPI RIBA Client Adviser, MCIHT, President of The Royal Town Planning Institute. Court Judgments of the Week Gladman Developments Ltd [2021] EWCA Civ 104 R (oao United Trade Action Group Ltd) V Transport for London & Mayor of London [2021] 72 EWHC decisions of Mrs Justice Laing allowing a JR claim to the London Streetspace Plan-Interim Guidance & an order prohibiting traffic & stopping up parts of the A10 highway; raising issues about failing to have regard to material considerations ie the effect on taxis as a form of PT & public sector equality duty issues raised. Decisions of the Week Decisions of an inspector dated 19 January 2021 allowing Bellway Homes’ appeal granting reserved matters approval for up to 350 dwellings on land south-west of Blandford Forum By-Pass, Dorsetand granting the appellant a costs award; unacceptableimpact on setting of AONB alleged. Decision of an inspector dated 25th January 2021 dismissing Redrow Homes appeal seeking outline permission for up to 400 homes on a site north of the GB & south of the Red Brook & Partington; issues on landscape, heritage & viability. No 5 yr HLS & para 11d engaged. Trafford BC’s application for costs dismissed. Plus “Praise of the Week” and “Nudge of the Week”
58:23
February 04, 2021
Discussion about Virtual Events (S3 E3)
We take a deep dive on some cases and discuss virtual events and our thoughts on them. Court Judgments of the Week R (oao Client Earth) v Secretary of State BE&IS & Drax Power Limited [2021] EWCA Civ 43 a decision of the Court of Appeal dismissing an appeal from the decision of Holgate J who had dismissed a claim for JR of the decision to grant a DCO for a NSIP for two gas-fired generating units at Drax Power. R (oao Asda Stores Ltd) v Leeds City Council & Commercial Development Project Ltd [2021] EWCA Civ 32 a decision of the Court of Appeal dismissing an appeal from the decision of Lieven J who had dismissed a claim for JR of the decision to grant permission for a mixed use retail led development at the former Benyon Centre based on an alleged misinterpretation of NPPF [90]. Parkview Homes Limited v Chichester District Council [2021] EWHC 59 a successful challenge to the grant of permission on an A3 change of use “extension of hours “application via s73 under delegated powers raising amenity/noise issues. A decision of the Secretary of State for Transport dated 19 January 2021, in accordance with the recommendation of the Examining Authority, granting Highways England a DCO to widen the A1 from 3 lanes to 4 between J68 & J65 of the A1 at Gateshead to support future development at the Team Valley Trading Estate     Decision of the Week Monkhill Ltd, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWCA Civ 74 Plus “Praise of the Week” and “Nudge of the Week”
59:59
January 28, 2021
Stephen Hunt MRTPI, Head of Planning & Development Management, East Riding of Yorkshire Council (S3 E2)
Our Special Guest this week is Stephen Hunt MRTPI, Head of Planning & Development Management, East Riding of Yorkshire Council whose Local Plan won the Planning Award for plan-making. Court Judgments of the Week Ikram v Secretary of State HC&LG & Hussain  & others V London Brent BC [2021] EWCA Civ 2  two related decisions of the Court of Appeal dismissing appeals from decisions of Lang J by which she granted a statutory application to quash a planning permission and a claim for judicial review of the decision by the inspector to quash and enforcement notice; issues around the use of an obligation to correct  errors made in a decision to grant permission for a mixed use for residential and community centre/place of worship. Finch V Surrey CC, Horse Hill Developments & Secretary of State HC&LG  & Friends of the Earth [2020] EWHC 3559  a claim for JR raising the question whether an ES requires an assessment of the greenhouse gases emissions from the use of an end product said to have originated from that development.  Decisions of the Week An inspector’s decision dated 7 January 2021 dismissing an appeal for 195 C3 homes on St Johns Nursery site in Clacton On Sea against Tendring District Council’s refusal, raising issues around highways & impact on character & appearance, applying an ordinary planning balance. An inspector’s decision dated 15th January 2021 allowing an appeal for the demolition of 70 ex National Coal Board “Airey houses” made of  pre-cast concrete C3 units and erection of 70 new C3 units in Oulton against Leeds City Council’s refusal; raising the PSED under section 149 of the Equality Act 2010, viability of refurbishment & repair and impacts on the community & non designated heritage assets. Plus “Praise of the Week” and “Nudge of the Week”
56:25
January 21, 2021
Jerry Youle MRTPI, PINS Inspector and Professional Lead for Local Plans (S3 E1)
Court Judgments of the Week Gluck v Secretary of State HC&LG & Crawley BC [2020] EWCA Civ 1756 a decision of the Court of Appeal dismissing an appeal of the decision of Holgate J who had decided that the 56-day period for prior approval in paragraph W(11) of part 3 of schedule 2 to the GPDO 2015 could be extended by agreement. R (Hewitt)V Oldham Metropolitan Borough Council & Russell Homes (UK) Ltd [2020] EWHC 3405 a claim for JR by a local councillor against the grant of a planning permission in the context of the application of NPPF  11(d)(ii), 196, harm to a valued landscape and consistency in decision-making. Swale Borough Council v Secretary of State HC&LG & Attwood & Partners [2020] EWHC 3482 an unsuccessful challenge to a decision awarding costs to an appellant in respect of issues relating to affordable housing & highways. Decision of the Week Bellway Homes vs Maidstone Borough Council regarding planning permission granted for residential development for 421 dwellings with associated access, infrastructure, drainage, open space and landscaping at Land West of Church Road, Otham, Kent ME15 8SBin accordance with the terms of the application, Ref 19/506182/FULL dated 6 December 2019. “Nudge of the week” and “Champion of the Week”
01:04:11
January 14, 2021
RTPI Young Planners Conference 2020 Special (S2 E14)
RTPI are a leading membership organisation and a Chartered Institute responsible for maintaining professional standards and accrediting world class planning courses nationally and internationally. This extra episode with Special Guest Laura Archer, Chair of the Young Planners was recorded for the RTPI Young Planners Conference and originally aired on the 11th of November 2020. #YPConf20 
50:58
December 24, 2020
Clare Miller, CEO of Clarion Housing Group (S2 E13)
Our Special Guest this week is Clare Miller CEO of Clarion Housing Group, the largest provider of affordable housing. Planning decisions of the week The decision of the Supreme Court in R (oao Friends of the Earth Ltd) v Heathrow Airport Ltd [2020 ] UKSC 52 and whether the failure to take account of the Paris Agreement renders the designation of the Airports National Policy Statement unlawful. To be handed down on 16 December 2020. A decision of Mrs Justice Lang in R(oao Wyeth-Price) v Guildford BC & Bewley Homes [2020] EWHC 3355 (Admin) quashing a permission due to legal errors in the officer report in the way it dealt with the impact of the proposals for housing on designated heritage assets. An inspector’s decision 7th December dismissing an appeal against the refusal of South Northamptonshire Council to grant permission for up to 330 homes on a site outside the urban area due to the effects upon the need to travel. An inspector’s decision 9th December allowing an appeal for an electric car charging service station at Lower Slaughter, against the refusal of Cotswold District Council on an existing scrapyard & haulage depot. An inspector’s decision 8th December dismissing an appeal against the refusal of the London Legacy Development Corporation to allow an application for a mixed use scheme of four buildings 6 to 18 storeys high on design grounds. An examiner’s report dated 9th December to West Horsham District Council on the West Grinstead Neighbourhood Development Plan and the proposed Local Gap & Local Green Space designations. “Nudge of the week” and “Champion of the Week”
56:23
December 17, 2020
Richard Bacon MP (S2 E12)
Our Special Guest this week is Richard Bacon, the MP who brought forward a Private Members Bill that became the Self-build and Custom Housebuilding Act. Planning decisions of the week An inspector’s decision 2nd December dismissing an appeal against the refusal of Bedford Borough Council to grant permission for up to 400 homes on a site outside the urban core, with issues about HLS & NPPF para 11, impact on the setting of a SAM & heritage assets, archaeology, BMV. An inspector’s decision 25th November allowing an appeal for 50 homes at Finchingfield, against the refusal of Braintree District Council on a site outside the ancient village with listed buildings and beyond the conservation area, issues about impact on the countryside but no 5 year HLS. An inspector’s decision 3rdDecember dismissing an appeal against the refusal of the London Borough of Wandsworth to grant permission for a mixed use scheme of  four blocks four storeys high on employment land raising issues about the effect of development on the living conditions of neighbouring residential properties, effects on a Conservation Area & locally listed building.    An inspector’s decision 3rd December dismissing an appeal for 25 homes against Central Bedfordshire Council’s decision on a site outside the settlement envelope of Haynes, a Large Village, impacts on character & appearance of the countryside, designated heritage assets & a pre NPPF development plan. Plus “Praise of the Week” and “Nudge of the Week”
01:01:09
December 10, 2020
Duncan Wilson OBE, Chief Executive of Historic England (S2 E11)
Our Special Guest this week is Duncan Wilson OBE, Chief Executive of Historic England. Court Judgments of the week R (oao Whitehead) v Mid Sussex DC & Gleeson Strategic Land [2020]EWHC 3166 a decision of Mrs Justice Laing dismissing an application for JR of a decision to grant outline permission for up to 500 dwellings, on a strategic site at Copthorne, with no on site G&T provision, but a financial contribution for offsite provision.   R (oao Wingfield) v Canterbury City Council & Redrow Homes (South East) [2020] EWCA Civ 1588 a decision of the Court of Appeal under CPR 52.30 (1) refusing to reopen orders refusing permission to appeal against the Council’s decision to grant permission for development on the east side of Canterbury. Flaxby Park Ltd v Harrogate BC, Secretary of State for CLG et al [2020] EWHC 3204,a decision of Mr Justice Holgate on a section 113 local plan challenge to policy DM4 identifying Green Hammerton/Cattal as a broad location for a new settlement based on failures to comply with the SEA Directive. Decision of the week An inspector’s decision 25th November 2020 allowing an appeal against the refusal by a waste authority to grant permission on a section 73 application to increase throughout of green waste from 8,000 to 23,500 tonnes per annum at Blackbirds Lane, Aldenham, Hertfordshire. Plus “Praise of the Week” and “Nudge of the Week”
01:07:26
December 03, 2020
Andy Street CBE, Mayor of the West Midlands Combined Authority (S2 E10)
Our Special Guest this week is Andy Street CBE, Mayor of West Midlands Combined Authority, former Managing Director of John Lewis. Court Judgments of the week Morris Homes Limited V Cheshire West & Chester Council [2020] EWCA Civ 1516 – an unsuccessful challenge to the Court of Appeal about the lawfulness of a decision of an independent expert appointed pursuant to a 106 obligation to assess affordable  housing contributions & whether it was conclusive & binding. RSBS Developments Ltd v (1) SSHC&LG & Anor [2020] EWHC 3077 – a decision of Mrs Justice Laing dismissing appeals to an inspector’s decision under section 288 & 289 of the TCPA 1990 relating to the conversion of former offices to flats for residential use & external alterations to the premises. Decisions of the week Secretary of State decision dated 12 November contrary to the inspector’s recommendation, dismissing an appeal for the comprehensive redevelopment of Anglia Square Norwich with a residentially led mixed use scheme on account of design & heritage impacts. An inspector’s decision 20 November allowing an appeal against the refusal of permission for a 10-storey mixed use building including a hotel, B1a & B2 use on SIL allocated land at Park Royal, London which raise land use & heritage issues. Plus “Praise of the Week” and “Nudge of the Week”
54:33
November 26, 2020
Priya Shah, Founder of BAME in Property (S2 E9)
Our Special Guest this week is Priya Shah, Founder of BAME in Property, an organisation for BAME and non-BAME professionals who are passionate about increasing ethnic diversity in the property and planning sectors. Priya is also a Consultant at Grayling specialising in stakeholder engagement and community consultation in the built environment. Court Judgments of the Week R (Hawkhurst Parish Council) v. Tunbridge Wells BC  [2020] EWHC 3019 (Admin) – unsuccessful JR challenge to the grant of planning permission for a McCarthy and Stone care home on highways, heritage and AONB grounds.. Sevenoaks District Council v. SSHCLG [2020] EWHC 3054 (Admin) – Sevenoaks DC’s’ unsuccessful challenge to the conclusion of the Inspector appointed to examine their Local Plan that they had failed to comply with the Duty to Co-Operate. R (Rights: Community: Action Ltd) v. SSCHLG – judgment of Lewis LJ and Holgate J due to be delivered on Tuesday on the JR challenge to the amendments to the GPDO and Use Classes Order.   Decision of the week: grant of DCO for the A303 Stonehenge Tunnel upgrade scheme. “Nudge of the week” and “Champion of the Week”.
01:03:33
November 19, 2020
Nicholas Boys Smith, Director of Create Streets (S2 E8)
Our Special Guest this week is Nicholas Boys Smith founding Director of Create Streets, interim Chair of Building Better, Building Beautiful & Task Force Member advising Government on the Planning White Paper. Nicholas has recently been appointed as the head of the new national design body soon to be launched. Court Judgments of the Week Hillside Parks Ltd v. Snowdonia National Parks Authority [2020] EWCA Civ 1440 a Court of Appeal decision concerning the ‘Pilkington’ principle regarding successive planning permissions relating to the same site, and the status of a planning permission granted in 1967. Roao Barry Zins v East Suffolk Council & others [2020] EWHC 2850 a challenge to the conditional grant of permission for the creation of a lake & reuse of excavated material on site on grounds that the officer report materially misled on the noise effects & alleged heritage benefits. Appeals of the Week   A section 78 inspector decision relating to 93 dwellings on a green field site on the edge of Sutton Courtenay, Abingdon. Issues included the effect of the OHGD and WMS 12/9/2018 on HLS. A Secretary of State decision dated 2 November 2020 relating to a July 2018 application for a National Distribution Centre by Liberty Properties & Eddie Stobart agreed to be an inappropriate development in the Green Belt. “Nudge of the week” and “Champion of the Week”.
01:02:34
November 12, 2020
Robert Rinder, ITV’s Judge Rinder (S2 E7)
Our Special Guest this week is Robert Rinder, barrister, host of the ITV series Judge Rinder & newly appointed Legal Services Ambassador for Shelter. Robert will be talking with us about how the planning system can address the housing crisis. As before, there is no charge for the event, but we would encourage you to make a modest donation to a charity of your choice. As always we support the NHS Combined Charity Page but in view of our theme this week you may wish to consider a donation to Shelter. Court Judgments of the Week Smith V Castle Point Borough Council & Benfleet Scrap Limited [ 2020] EWCA Civ 1420a Court of Appeal decision on the meaning & effect of a delegated decision to grant planning permission for the erection of a 5 metre wall around a scrap yard in face of alleged failures in the officer report to consider contamination & intensification.  DB Symmetry Limited V Swindon BC & Secretary of State HC&LG [2020] EWCA Civ 1331a Court of Appeal decision relating to whether a condition attached to the grant of planning permission lawfully required the public to have rights of passage over roads to be constructed as part of the development. Appeals of the Week  Section 78 inspector decisions on appeals  20th October relating to 112 dwellings in open countryside, at Doddington Park Farmhouse required to facilitate priority heritage works to a group of listed buildings including Grade 1 Doddington Hall, & Grade 11* Delves Hall and Star Barn. Application of NPPF para 11 c ; para 79 (b), 193 & 106.   19th October for up to 250 dwellings on land outside the settlement boundary of Holmewood, Derbyshire in circumstances where the site was not identified in the emerging development plan which planned to extend the settlement elsewhere. Application of NPPF 11 (d).    “Nudge of the week” and “Champion of the Week”.
01:07:29
November 05, 2020
Lord Carnwath CVO (S2 E6)
Our Very Special Guest this week is Lord Carnwath CVO, former UK Supreme Court Justice, now Associate Member of Landmark Chambers. Court Judgments of the Week McGaw V Welsh Ministers [2020] EWHC 2588 (Admin)  a decision of Judge Jarman about the interpretation & limitations in Class E of the GPDO as it applies in Wales including  whether backfilling land lies outside Class E. R ( Lochailort Investments Ltd ) V Mendip District Council  [2020] EWHC Civ 1259 a Court of Appeal decision relating to land designated as local green spaces in Norton St Philip Neighbourhood Plan and the lawfulness of Policy 5 governing their development. Appeals of the Week   DCO consent granted on 11 October by SoS for BE&IS for a 97km pipeline between Southampton & London applying a presumption in favour of oil pipelines & where the need for the project outweighed the harm.  A section 78 appeal decision letter  dated 7th October relating to 128 affordable dwellings on land outside the settlement boundary, off Aviation Lane, Burton on Trent. “Nudge of the week” and “Champion of the Week”
01:06:55
October 15, 2020
Sir Howard Bernstein, Former Chief Executive of Manchester City Council (S2 E5)
Our Very Special Guest this week is Sir Howard Bernstein, former Chief Executive of Manchester City Council. Court Judgments of the Week, both decisions of Holgate J Girling V East Suffolk Council & EDF & NNB [2020] EWHC 2579 a challenge to the grant of permission for major development in the AONB, replacement facilities related to Sizewell B, required as a precursor to a new Sizewell C nuclear power station raising issues about alternative sites and if the EIA was up to date.  London Historic Parks v Secretary of State HCLG [2020] EWHC 2580 a case relating to the proposed Holocaust Memorial in Victoria Tower Gardens; whether the requirements for independence and objectivity in Art 9a of the EU Directive are properly transposed and if so if the handling arrangements to deal with called-in applications comply with reg 64 (2) if the EIA Regs 2017. Appeals of the Week Successful appeal for 105 C3 units scheme. An unsuccessful attempt to secure 505 dwellings on Green Belt land in Edinburgh.  “Nudge of the week” and “Champion of the Week”
57:32
October 08, 2020
Bridget Rosewell CBE Returns (S2 E4)
Our Very Special Guest this week is Bridget Rosewell CBE FAcSS, economist & National Infrastructure Commissioner, who will be discussing her role with the White Paper. Court Judgments of the Week R V Western Trading & Singh [2020] EWCA Crim 1234 - Court of Appeal case about the level of fines imposed on breach of a Listed Building Enforcement Notice London Borough of Hackney V Shiva [2020] EWHC 2489 - a High Court  decision on the use of section 187B injunction for breaches of planning control relating to an art installation Sharks!   Appeals of the Week The dismissal of an appeal on 24/9 at Witchford Cambridge for 70 C3 units, no 5 yr HLS shortfall, breach of development plan and harm to landscape  A successful appeal for 108 C3 units on a brownfield site and the application of vacant building credit reducing affordable housing. Nudge of the week and Champion of the Week
01:04:23
October 01, 2020
Rebecca Phillips, Professional Lead for Planning Appeals at the Planning Inspectorate (S2 E3)
Our Very Special Guest this week is Rebecca Phillips, Professional Lead for Planning Appeals at the Planning Inspectorate. Court Judgments of the Week Thurloe Lodge Ltd, R (On the Application Of) v Royal Borough Of Kensington And Chelsea & Anor 2020 EWHC 2381 a decision of David Elvin QC dismissing six grounds of challenge to a planning authority’s decision to grant permission & listed building consent for two below ground car parking spaces on a private road in a conservation area adjoining listed buildings. East Hertfordshire DC V Mahoney [2020] 9 WLUK 153 a case about the grant of an interim injunction preventing travellers from undertaking work on land before the grant of planning permission.     Appeals of the Week Successful appeal by L&Q  for a mixed use 441 unit C3 scheme with 50% AH involving tall buildings & impacts on Kew Gardens a World Heritage Site, Registered Park & Garden & Conservation Areas. The dismissal of Capital Community Development’s appeal on design grounds.  The dismissal of an appeal for 83 units based upon the prejudice it would cause to a Neighbourhood Plan, impact on setting of LB & lack of evidence of biodiversity net gain. “Nudge of the week” and “Champion of the Week”
01:03:52
September 24, 2020
Simon Gallagher, Director of Planning at MHCLG (S2 E2)
Our Very Special Guest this week is Simon Gallagher, Director of Planning at MHCLG. Simon is leading the civil service in the Ministry in respect of the Planning White Paper and the consultation on the Changes to the Current Planning System. Court Judgments of the Week Norfolk Homes V North Norfolk DC [2020] EWHC 2265 a decision of Holgate J confirming that a planning permission granted pursuant to section 73 was not subject to a section 106 obligation which governed the original no longer extant permission. Gathercole V Suffolk CC [2020] EWCA Civ 1179 a decision of the Court of Appeal dismissing an appeal upholding the County Council’s grant of permission for a new primary school despite a failure to have due regard to the public sector equality duty under section 149 of the Equality Act 2010 in respect of the effect of aircraft noise on children with protected characteristics. Appeals of the Week Successful appeal by Retirement Villages & Nottcuts Ltd for a 84 unit C2 facility against decision of Mid Sussex dated 11 September 2020 in circumstances where the proposal was contrary to the recently adopted Mid-Sussex Local Plan and the most important policies were judged up to date Highthorn a Secretary of State redetermination of a mineral appeal whereby, contrary to the inspector’s recommendation, the appeal was dismissed. This raises issues around the Government’s Clean Growth Strategy, the application of footnote 65 to [205] & [211 (b)] of NPPF, the need for coal as well as less than substantial harm to heritage assets.
01:00:57
September 17, 2020
Joanna Averley, Chief Planner at MHCLG (S2 E1)
Our Very Special Guest this week is Joanna Averley, the new Chief Planner at MHCLG. Court Judgments of the Week Wainhomes v SOSHCLG [2020]EWHC 2294; a decision of Dove J who quashed a decision of the Secretary of State to dismiss an appeal for 100 homes and remitted it for redetermination. The case centred upon a failure of reasons to explain why a policy agreed by three authorities was considered to be up to date despite the authorities agreeing a subsequent redistribution based on an MoU based on an aggregated Standard Methodology figure. Peel Investments v SOSHCLG [2020] EWCA Civ 1836 a decision of the Court of Appeal upholding the decision of Dove J. who in turn upheld an Inspector’s decision to dismiss appeals in respect of residential development up to 600 dwellings. The case turned upon how to approach whether policy is out of date which is fundamentally a matter of planning judgment – so here policies in a plan without saved strategic policies could still be up to date. Appeals of the Week Successful appeal by Gladman against decision of Chorley BC for 180 homes Aug 20 Tiptree appeal [18 August 2020] permission refused for 255 homes; Wokingham decision [25 August 2020] permission refused for 216 dwellings Braintree decision permission granted for up to 300 homes [17/8/20]
56:58
September 10, 2020
Planning For the Future White Paper Special with Chris Katkowski QC (S1 E16)
In this special mid season episode, we are joined by Chris Katkowski – a member of the Government’s Task force that produced the white paper and also England’s top rated planning QC. We are discussing the latest planning regulation changes that were released a short time ago. You can view the White Paper by clicking here.
01:12:53
August 07, 2020
Season 1 Finale (S1 E15)
This week is our final episode of series one, and we have decided to end as we started; just with the five of us. As before, there is no charge for the event, but we would encourage you to make a modest donation to the NHS Combined Charity Page or whichever local charity you may prefer. Cases of the Week (1) Keep Bourne End Green v Buckingham Council et al  [2020] EWHC 1984 Admin; s decision of Holgate J who dismissed a challenge to a plan based on an allegation that the 2016-based household projections produced by ONS should have been taken into account in the assessment of OAHN. (2)R (oao Walker ) v Bath & North East Somerset Council [202o] EWHC 1836 a decision challenging the grant of permission and listed building consent at Belvoir Castle, a listed building in a World Heritage Site & Conservation Area contrary to the officer recommendation & where the Council has conceded the decision was unlawful. PINS/MHCLG Decisions of the Week  (1) Pencoed Power Plant Appeal, a decision of Welsh Minsters dated 23 July 2020 to grant permission for a gas engine-powered generation facility 40MW of electricity. (2) an inspector decision dated 22 July on an unallocated site in Brentwood formerly owned by Homes England with the benefit of a development brief to grant permission for four residential blocks. Plus “Praise of the Week” and “Nudge of the Week”
01:01:33
July 30, 2020
Tim Goodwin, Director of Ecology Solutions Ltd (S1 E14)
This week our special guest is Tim Goodwin BSc (Hons) MSc MIEnvSc  MCIEEM, Director of Ecology Solutions Ltd. Cases of the Week Garland v Secretary of State for Environment, Food & Rural Affairs [20202] EWHC 1814 (Admin) a claim challenging an order modifying the Definitive Map to change the status of a highway from footpath to bridleway. PINS/MHCLG Decisions of the Week Two Secretary of State decisions allowing appeals, both taken in the context of 5 yr HLS being demonstrated (1) For up to 600 dwellings & a local centre in Norfolk raising cumulative heritage impacts & Hab Regs issues  (2) A determination finally allowing Muller Property Group’s appeals at Nantwich  for a residentially led mixed use scheme including 189 dwellings plus a new access road. Our Special Topic of the Week After the Environment Secretary’s speech this week. Does Brexit provide the opportunity to rid planning of an unduly complex system of European ecological control?
01:02:25
July 23, 2020
Sue Manns, President of the Royal Town Planning Institute 2020 (S1 E13)
This week, we’re joined by special guest Sue Manns FRTPI FRGS FRSA, President of the Royal Town Planning Institute 2020. We will not be joined by Charles Banner QC of Keating Chambers this week, as he and his wife will be in the delivery suite. Everyone at HWGPNFY wish to pass on to Charlie and Tetyana and their daughter Kathleen all of their love and best wishes; and would invite Charlie to know that this is only free pass that you get!
58:12
July 16, 2020
Charlotte Morphet, Joint Chair of Women in Planning (S1 E12)
This week we are joined by Charlotte Morphet, joint Chair of Women in Planning. One of the most influential planners of her generation and champion of diversity issues.
01:00:33
July 09, 2020
Victoria Hills, Chief Executive at the Royal Town Planning Institute (S1 E11)
This week our special guest is Victoria Hills MRTPI FICE Chief Executive at the Royal Town Planning Institute.
49:21
July 02, 2020
Nigel Jones, Leading UK Expert on Viability Issues (S1 E10)
This week our special guest is Nigel Jones BSc FRICS ACIArb, a director of Chesters Harcourt based in Yeovil, Somerset, who sat on the RICS Panel on Financial Viability and acted as an Assessor on viability for PINS.
59:06
June 25, 2020
David Rudlin, Honorary Professor at Manchester University (S1 E9)
This week our special guest is David Rudlin, Principal and a director of URBED (Urbanism Environment and Design), an Honorary Professor at Manchester University and past Chair of the Academy of Urbanism. In 2014 he was also the winner of the Wolfson Economics Prize. David is one of the authors of the Policy Exchange papers entitled ‘Planning Anew’.
56:22
June 18, 2020
Ian Ritchie, World Class Architect (S1 E8)
Our special guest this week is the world-class architect, artist, author, poet and founder of Ian Ritchie Architects and Rice Francis Ritchie, design engineers, Ian Ritchie CBE, RA Dip Arch (Dist), PCL, ARB, RIBA, RIAI, MIASBE, FRSA, FSFE, FSHARE, Hon FAIA, Hon FRIAS, Hon FRAM, Hon MCSA, Hon D Litt. Ian’s firm designed the glass pyramids and sculpture courts at the Louvre and the stainless steel Spire in Dublin.
01:02:55
June 11, 2020
Lord Taylor, A Very Influential Liberal Politician (S1 E7)
This week we are joined by a very special guest Lord Matthew Taylor, a giant in the planning world – author of numerous seminal works including The Taylor report, aka “bonfire of the circulars”, a long-term champion of Garden Communities and part of the team that led to NPPF1 and PPG.
44:04
June 04, 2020
David Smith, Projects Manager of the Planning Inspectorate (S1 E6)
This week we are joined by a very special guest PINS Inspector David Smith (Professional Lead – Planning Appeals).
01:05:43
May 28, 2020
Steve Quartermain CBE: Former UK Chief Planner (S1 E5)
This week we are joined by a very special guest Steve Quartermain CBE, former UK Chief Planner. He is a senior advisor for Cratus Communications.
01:02:17
May 21, 2020
Simon Gallagher of the Ministry of Housing Communities and Local Government (S1 E4)
This week we are joined by a very special guest Simon Gallagher, Director of Planning at the Ministry of Housing, Communities and Local Government (MHCLG).
01:02:52
May 14, 2020
Sarah Richards, Chief Executive of The Planning Inspectorate (S1 E3)
This week we are joined by very special guest Sarah Richards, CEO of The Planning Inspectorate.
01:04:08
May 07, 2020
Bridget Rosewell CBE: Wonderfully Indiscrete (S1 E2)
This week we are joined by special guest Bridget Rosewell CBE.
57:02
April 30, 2020
Where It All Began (S1 E1)
We barely knew what we were doing, but it was brilliant fun! Have We Got Planning News for You is a light- hearted review of the week’s latest developments by five barristers from across the Planning Bar: Paul Tucker QC, Mary Cook, Sasha White QC, Charles Banner QC and Christopher Young QC. We five friends from different chambers/firms have decided to come together during COVID-19 to do a weekly 45-minute show about the latest legal, policy and other news & decisions in the world of planning.
46:10
April 23, 2020