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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 KC, Mary Cook, Sasha White KC, Charles Banner KC and Christopher Young KC.

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.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.
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David Smith, Projects Manager of the Planning Inspectorate (S1 E6)

Have We Got Planning News For YouMay 28, 2020

00:00
01:05:43
Heritage Matters with Dr Chris Miele, Partner at Montagu Evans LLP (S12 E6)

Heritage Matters with Dr Chris Miele, Partner at Montagu Evans LLP (S12 E6)

Our Special Guest this week is Dr Chris Miele, Partner at Montagu Evans LLP.

Latest News Update on planning related matters.

  • Decision of a Planning Inspector dated 13th March 2024 to allow an appeal by Abri Group Ltd against the refusal by Woking Borough Council to grant planning permission for the demolition of existing buildings & the erection of a 25-storey building comprising 224 dwellings & ground floor commercial floorspace, in Woking town centre.
  • Decision of the Minister of State for Local Government, on behalf of the Secretary of State, dated 13 March 2024 dismissing a recovered appeal against the decision of West Northamptonshire Council to refuse an application by Annesco Ltd, for a temporary Solar Farm of up to 49.72MWcontrary to the inspector’s recommendation.
  • Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 15th March 2024, allowing an appeal by Redrow Homes Ltd against Dacorum Borough Council’s refusal to grant permission for a hybrid application for the development at Tring of up to 1400 homes including 140 x C2 dwellings, local centre, sports hub, primary & secondary schools, SANG & POS in the Green Belt against a background of a 1.2 yr HLS amounting to 6,108 dwellings.
Mar 21, 202456:54
Chris Webber MRTPI, Group Planning Manager for Barratt Developments PLC (S12 E5)

Chris Webber MRTPI, Group Planning Manager for Barratt Developments PLC (S12 E5)

Our Special Guest this week is Chris Webber, Group Planning Manager at Barratt Developments PLC.

  • Latest News Update on planning related matters.
  • Decision of the High Court in Marks & Spencer PLC v SOSLUH&C & others [2024] EWHC 452 allowing a s288 challenge & quashing the SoS’s dismissal of M&S s78 appeal for the construction of a 9-storey new mixed office & retail store at the western end of Oxford Street.
  • Decision of the High Court in R (oao Galloway) v Durham County Council & Lightsource SPV 215 Limited [2024] EWHC 367 allowing a JR & quashing the grant of a planning permission for an excessive number of solar panels thus able to generate a capacity of 50MW or more which could not be rescued by subsequent NMA to that application.
  • Decision of a Planning Inspector dated 29th February 2024 to allow an appeal by Taylor Wimpey (UK) Ltd against the non-determination by Charnwood Borough Council to grant outline planning permission for up to 195 dwellings on a site outside the development limits of Syston which formed part of a proposed strategic allocation in the Pre-Submission Draft of the emerging Local Plan, currently at examination.


Mar 07, 202401:00:34
Lindsey Richards, President of the Royal Town Planning Institute for 2024 (S12 E4)

Lindsey Richards, President of the Royal Town Planning Institute for 2024 (S12 E4)

Our Special Guest this week is Lindsey Richards, President of the Royal Town Planning Institute for 2024.

  • Latest News Update on planning related matters.
  • Decision of the High Court in Mead Realisations Ltd v SOSLUH&C & Redrow Homes Ltd V SOSLUH&C [2024] EWHC 279 dismissing two separate s288 claims challenging the dismissals of s78 housing appeals in Weston Super Mare (in FZ3) & Bushey (largely in Fz1 but also Fz2&3 plus 10% affected by reservoir flood risk) where neither LPA had a 5 yr HLS but where both appeals were judged to have failed compliance with the sequential test under NPPF 162 & PPG paragraph 028.
  • Decision of a Planning Inspector dated 15th February 2024 dismissing an appeal by Elysian Loughton Site Ltd against the refusal of Epping Forest District Council to grant planning permission for the demolition of three homes and the erection of linked apartment blocks to form elderly persons apartments integrated C2 care facilities issues regarding the bulk, massing & height, effect on living conditions of existing neighbour & future occupiers & a viability review mechanism.
  • Decision of a Planning Inspector dated 14th February 2024 to allow an appeal by Gadman Developments Ltd against the refusal of Somerset Council to grant outline planning permission for up to 100 dwellings on part of a larger green field, outside the settlement boundary for Creech St Michael. Issues around the effect of the proposal on the character & appearance of the area & neighbouring residential properties, HLS & whether a tilted balance applies or not.


Feb 22, 202459:45
Grant Butterworth, Head of Planning at Leicester City Council (S12 E3)

Grant Butterworth, Head of Planning at Leicester City Council (S12 E3)

Our Special Guest this week is Grant Butterworth, Head of Planning at Leicester City Council.


  • Latest News Update on planning related matters.
  • Decision of a Planning Inspector dated 23rd January 2024 dismissing an appeal by PA Investments Ltd & PD Developments (Essex) Ltd against the failure of Basildon Borough Council to determine an application for demolition of 2 houses and outline permission up to 150 dwellings & a 5 bed care home on a site at Billericay, virtually all in the Green Belt, which had been allocated in the local plan, submitted for examination but subsequently withdrawn. 1.85 yr HLS. Issues around adverse landscape and visual impacts, impacts on the dormouse population. VSC not found.
  • Decision of a Planning Inspector dated 26th January 2024 dismissing an appeal by Vistry Homes Ltd against the refusal of St Albans City & District Council to grant outline planning permission for up to 150 dwellings including AH & custom-build, on a greenfield site at Colney Heath within the Metropolitan Green Belt with emerging plan having undergone Reg 18 consultation. No 4 yr HLS. Issues around adverse landscape and visual impacts, flood risk, effects on heritage assets, accessibility, relevance of PDL & AQ. VSC not found.
  • Decision of a Planning Inspector dated 31st January 2024 dismissing an appeal by Wulff Asset Management Ltd against the refusal of Erewash Borough Council to grant outline planning permission for up to 196 dwellings on a greenfield site at Stanton By Dale, Derbyshire, in the context of a 2.65 yr HLS & an emerging local plan proposing to designate the land as Green Belt.
Feb 08, 202401:01:57
Andreas Markides, Chairman of Markides Associates & Author of Urban Myths (S12 E2)

Andreas Markides, Chairman of Markides Associates & Author of Urban Myths (S12 E2)

Our Special Guest this week is Andreas Markides, Chairman of Markides Associates & Author of Urban Myths.

Latest News Update on planning related matters.

  • Decision of the Court of Appeal in R (oaf Substation Action Save East Suffolk Ltd) v Secretary & State for Energy Security & Net Zero & others [2024] EWCA Civ 12 dismissing an appeal against the decision of the Lang J who had refused a claim for judicial review of two decisions by the first respondent to make development consent orders under section 114 of the Planning Act 2008 for two nationally significant infrastructure projects for onshore and offshore windfarms. The first ground of challenge relates to flood risk and the application of the sequential test, the second, to the decision on the cumulative impacts.
  • Decision of the High Court, Holgate J dated 17 January 2024 in R (oao Aysen Dennis) v London Borough of Southwark & Notting Hill Genesis [2023] EWHC 3210 (Admin) who granted an application for judicial review quashing the Council’s decision under section 96A to make a non-material amendment to an outline planning permission for the phased redevelopment & regeneration of the Aylesbury Estate on the grounds that the introduction of “severable” was material.
  • Decision of a Planning Inspector dated 17th January 2024 to dismiss an appeal by Templeview Developments Ltd against the refusal of Milton Keynes Council to grant full planning permission for the change of use of agricultural land to a linear park, new access road and stopping up and outline planning permission for 277 C2 extra care apartments, a 70 bed care home, 41 retirement bungalows & up to 196 C3 homes. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.
Jan 26, 202401:00:19
Victoria Prentis KC MP, Attorney General for England & Wales (S12 E1)

Victoria Prentis KC MP, Attorney General for England & Wales (S12 E1)

Our Special Guest this week is the Attorney General for England & Wales, the Rt Hon Victoria Prentis KC MP.

  • Decision of the Court of Appeal in R (oaf Fiske) v Test Valley BC & Woodington Solar Ltd [2023] EWCA Civ 1495 dismissing an appeal against the decision of the HHJ Jarman KC who had dismissed the claimant’s application for judicial review of the Council’s decision to grant planning permission for development including the construction of a 132kV substation on land at Woodington Farm, East Wellow, on the ground that the Council failed to take into account the incompatibility of that planning permission with one previously granted.
  • Decision of the High Court, Karen Ridge sitting as a Deputy High Court Judge, dated 15 December 2023 in R (oao Lidl Great Britain Ltd) v East Lindsey DC & Aldi Stores Ltd [2023] EWHC 3210 (Admin) on a renewed oral application to seek judicial review of the Council’s decision to grant planning permission to Aldi for retail development at Spilsby Road, Horncastle. Permission granted because two of the four grounds judged to be arguable.
  • Decision of an inspector dated 3rd January 2024 allowing an appeal by A2 Dominion Developments Ltd against the refusal of the LB of Hounslow to grant full planning permission for part 2 and 3 storey development for a SEND school and 124 homes in 3 blocks ranging from 3 to 5 storeys. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.
Jan 11, 202401:10:39
Discussing the National Planning Policy Framework December 2023 Update (S11 E6)
Dec 20, 202301:03:45
Stacey Robins, Head of Planning & Environmental Services for Wealden District Council (S11 E5)

Stacey Robins, Head of Planning & Environmental Services for Wealden District Council (S11 E5)

Our Special Guest this week is Stacey Robins, Head of Planning & Environmental Services for Wealden District Council.

Episode Resources on HWGPNFY.com

  • Latest News Update on planning related matters.
  • Decision of the Secretary of State for LUH&C on a recovered appeal dated 15th November 2023 disagreeing with the inspector’s recommendation and allowing an appeal by the Ministry of Justice against the decision of Harborough DC to refuse planning permission for a new Category B prison of up to 82,555 m2 GEA within a secure perimeter fence at HMP Gartree, Market Harborough.
  • Decision of an inspector dated 30th November 2023 allowing an appeal by Lendlease against the refusal of the LB of Southwark to grant full planning permission for an 18-storey commercial building on plot H1, Elephant Park – “the last piece of the jigsaw” relating to the former Heygate Estate-designed by architects ACME. Issues around history, land use & impact of development.
  • Decision of the Department of Energy Security & Net Zero dated 28th November 2023 granting the Slough Multifuel Extension Order, a development consent order under section 114 of the Planning Act 2008, the effect of which was to increase the efficiency & output of a previously consented energy from waste generating station capacity for up to 50 megawatts (MW) to 60 MW. The works proposed would be largely confined to within the already permitted boiler house and wind turbine.
Dec 07, 202301:05:09
Michael Meadows, Head of Planning & Public Affairs at British Land (S11 E4)

Michael Meadows, Head of Planning & Public Affairs at British Land (S11 E4)

Our Special Guest this week is Michael Meadows, Head of Planning & Public Affairs at British Land.

Latest News Update on planning related matters.


  • Decision of an inspector dated 6th November 2023 allowing an appeal by Trenport East Hall Park Ltd against the failure of Swale BC to determine an application for planning permission for up to 380 new homes (incl. AH) & 450 sq m of Class E/F on land west of Church Road, Tonge, Sittingbourne on land allocated for mixed use account in the context of a lack of HLS, in an area already suffering from a degree of traffic congestion; impacts on heritage & landscape character & SPA alleged.
  • Decision of an inspector dated 6th November 2023 dismissing an appeal against the refusal of Cotswold DC to grant planning permission for a new secure roadside truck stop facility including associated HGV & car parking, drivers facilities building, access & servicing within the Cotswold AONB. Agreed to be major development, NPPF 177 applied, Strategic Road Network Circular 01/2022 considered.
  • Decision of an inspector dated 9th November 2023 allowing an appeal by David Wilson Barratt Homes for planning permission for 300 dwellings (90 AH), community hall, POS, associated works & two accesses from the A259 (one temporary for construction) access off the B2102, at land north of Highgrove Farm, Bosham against the non-determination by Chichester District Council on an unallocated site beyond the settlement boundary, in the context of no 5 yr HLS, issues around effects on SPA & SAC, AONB & highways infrastructure on A27.
Nov 20, 202356:06
Rosie Pearson, Planning & Environmental Campaigner and Chairman of the Community Planning Alliance (S11 E3)

Rosie Pearson, Planning & Environmental Campaigner and Chairman of the Community Planning Alliance (S11 E3)

Our Special Guest this week is Rosie Pearson, Chairman of the Community Planning Alliance and Founder of Pylons East Anglia.


Latest News Update on Labour on planning, latest PINS stats & a new resource for planning cases.


  • Decision of the High Court in Telford & Wrekin Council v Secretary of State for LUH&C & Greentech Invest UK Ltd [2023] EWHC 2439, a s288 challenge issued & served outside the 6 week challenge period. Application to extend time refused.
  • Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 1oth October 2023 dismissing an appeal against the refusal of South Oxfordshire DC to grant planning permission for a mixed use scheme including 350 new homes & a C2 scheme on an unallocated site account in the context of a lack of HLS, a neighbourhood plan with allocations & impacts on landscape character.
  • Decision of an inspector dated 12th October 2023 dismissing Croudace Homes Ltd’s appeal for planning permission for up to 290 dwellings, landscape, SANG & access off the B2102, at Bird in the Eye Farm, against the non-determination by Wealden District Council on an unallocated site beyond the settlement boundary at Uckfield, in the context of no 5 yr HLS, issues on Ancient Woodland, flood risk, heritage, accessibility & safe access.

Oct 20, 202301:06:22
Sir Bob Neill MP, Chair of the Justice Committee (S11 E2)

Sir Bob Neill MP, Chair of the Justice Committee (S11 E2)

This week, we’re joined by Sir Robert Neill MP. Member of Parliament for Bromley & Chislehurst and Chair of the Justice Committee.


  • Latest News Update on Spelthorne, Lib Dems on housing targets & Greenwich Council’s decision on Mast Quay Towers.
  • Decision of the Minister for Housing & Planning on behalf of the Secretary of State dated 21st September 2023 dismissing two appeals against non-determination by the London Borough of Southwark to grant planning permission for either of two schemes for the redevelopment of New City Court, 4-26 St Thomas Street; one for a 37-storey scheme, the other for a 26-storey scheme, on account of their LTSH on numerous designated heritage assets. NPPF 202 balance not favourable to appellant.
  • Decision of an inspector dated 18th September 2023 allowing Metis Homes Ltd’s appeal for planning permission for 103 dwellings & a children’s nursery against the non-determination by Chichester District Council on a site beyond the settlement boundary at Nutbourne, Chichester in the context of no 5 yr HLS, an emerging local plan and issues around infrastructure including a bespoke nutrient neutrality mitigation scheme.
  • Decision of an inspector dated 26th September allowing an appeal by Vedose Ltd against the refusal by Watford Borough Council to grant permission for a mixed use development of 247 build to rent homes and Class E floorspace in a building ranging from 5 to 24 storeys in height at 50 Clarendon Road, Watford, issues around loss of employment floorspace, impact on character & appearance & adequacy of living conditions.
Oct 05, 202356:52
Paul Morrison CBE, Chief Executive at the Planning Inspectorate (S11 E1)

Paul Morrison CBE, Chief Executive at the Planning Inspectorate (S11 E1)

Our Special Guest this week is Paul Morrison, Chief Executive at the Planning Inspectorate.

  • Latest News Updates
  • Decision of the High Court dated 6 September 2023 in R(oao Fiske) v Test Valley Borough Council & Woodington Solar Ltd [2023] EWHC 2221 (Admin) quashing a decision under section 73 to grant a permission varying conditions in respect of an earlier permission for a solar farm, including panels and a 33kV substation because the permission was outside the scope of s73 due to conflicts with the operative wording of the original permission, contrary to Finney.
  • Decision of the Minister for Housing & Planning dated 11th September 2023, allowing LS Easton Park Development Ltd’s appeal against the refusal by Uttlesford DC of permission on land at Dunmow, Essex, for between 1,000 and 1,200 dwellings & up to 21,500 sqm of development in C2, Class E & F on unallocated open countryside. Issues around BMV agricultural land, impacts on heritage, transport and landscape. Tilted balance engaged, no 5 yr HLS.
  • Decision of an inspector dated 13 September 2023 dismissing Leverhulme Estates Ltd’s seven appeals for outline planning permission against the refusals of permission by Wirral Metropolitan Borough Council for various C3 housing of between 15 and 290 dwellings in various locations all in the Green Belt in the context of an emerging local plan submitted for examination in October 2022 alleged by the Appellant to be flawed. Appellant also maintained no 5 yr HLS although Council disagreed. No VSC found.
Sep 21, 202353:20
Nutrient Neutrality Update Special with James Stevens, Director for Cities at the Home Builders Federation (S10 E6)

Nutrient Neutrality Update Special with James Stevens, Director for Cities at the Home Builders Federation (S10 E6)

Our Special Guest James Stevens is Director for Cities at the Home Builders Federation to discuss changes to Nutrient Neutrality Policy.

Full episode resources including downloads can be found on our website.

Sep 06, 202345:38
 Discussing the Reforms to National Planning Policy Report with Clive Betts MP (S10 E5)

Discussing the Reforms to National Planning Policy Report with Clive Betts MP (S10 E5)

Our Special Guest this week is Clive Betts MP, Chair of the Levelling Up, Housing and Communities Committee which has published their report “Reforms to national planning policy”. Decisions of the Week

  • Decision of the High Court dated 30th June 2023 in CG Fry & Son Ltd v SoSLUH&C & Somerset Council [2023] EWHC 1622 (Admin) dismissing a s288 challenge to an inspector’s decision dismissing a section 78 appeal against the refusal of Somerset Council to discharge certain conditions attached to a C3 planning permission because of a failure to provide an Appropriate Assessment under the 2017 Habitat Regulations in the context of NE’s concerns around nutrient neutrality.
  • Decision of the High Court dated 30th June 2023 in Swindon BC v SoSLUH&C & Danescourt [2023] EWHC 1627 (Admin) dismissing a s288 challenge to an inspector’s decision allowing a developer’s appeal for up to 220 dwellings on land which formed part of a wider allocation of 8000 homes of which 6,800 had already received permission. Issues around the inspector’s approach to infrastructure.
  • Decision of an inspector dated 14th June relating to enforcement appeals by Mr J Clarkson relating to Diddly Squat Farm and the alleged unlawful change of use to a mixed agricultural, café, restaurant, farm shop, parking & lavatory facilities (as corrected by the inspector). Issues raised as to the correct planning unit & breaches of planning control, the service of the notices & the inspector’s ability to correct defects in the enforcement notices on appeal. 
  • Decision of Secretary of State for Levelling Up, Housing & Communities dated 20 July 2023 rejecting the inspector’s recommendation and refusing planning permission for the demolition of the Marks & Spencer’s store at 456-472 Oxford Street and erection of a new 2-basement, ground plus 9 storey missed use (Class E) building raising heritage and embodied carbon issues.
Jul 31, 202301:15:02
Dr Sue Young, Head of Land Use Planning for The Wildlife Trusts (S10 E4)

Dr Sue Young, Head of Land Use Planning for The Wildlife Trusts (S10 E4)

Our Special Guest this week is with Dr Sue Young, Head of Land Use Planning for The Wildlife Trusts.


Decisions of the Week


  • Decision of an inspector dated 14 June 2023 relating to land at Parrs Wood Lane, East Didsbury, allowing an appeal by Dandara Living Development Ltd against the refusal by Manchester City Council of an application for permission for the erection of a 6-storey C3 building comprising 75 new homes where the main issue was the effect on highway safety.
  • Decision of an inspector dated 2nd June relating to an appeal by Cassels Hotels Ltd against the refusal of South Cams DC for the demolition of the former Hotel Felix, Whitehouse Lane in Girton, a non-designated heritage asset in the Girton Gap and the erection of a C2 care home in the Green Belt with a 53% volumetric increase, very special circumstances established.
  • Decision of an inspector dated 6th June 2023 relating to land between Green Lane and Upperthorpe Road, Westhorpe, Killamarsh allowing an appeal by Harworth Group, against the decision of North East Derbyshire DC, refusing outline planning permission for up to 397 dwellings on a site largely comprising an allocated site, with a portion in the Green Belt where the illustrative master plan showed a SUDS plan.
  • Decision of an inspector dated 8th June 2023 allowing an appeal by the Co-Operative Group Ltd & Ilke Homes Ltd against the decision of North Northamptonshire Council to refuse an application for 133 dwellings on a site the majority of which comprises land allocated in the Rushden Neighbourhood Plan for a minimum 150 dwellings, where third parties resisted the appeal on multiple grounds after the Council decided not to resist the appeal.
Jun 23, 202357:29
Steve Norris, Former Minister for Transport & Chairman of Soho Estates (S10 E3)

Steve Norris, Former Minister for Transport & Chairman of Soho Estates (S10 E3)

Our Special Guest this week is Steve Norris, former Minister for Transport, Director of Steve Norris Ltd & Chairman of Soho Estates.


Decisions of the Week


  • Decision of the High Court dated 19 May 2023 in R (0ao Coal Action Network) v Welsh Ministers & the Coal Authority [2023] EWHC 1194 (admin) dismissing a JR claim relating to two decisions to authorise coal mining operations at Aberpergwm in the Vale of Neath.
  • Decision of the Court of Appeal dated 25 May 2023 in Devine v SSLU,H&C & Cheshire West & Chester Council [2023] EWCA Civ 601, in which they dismissed an appeal against the decision of Fordham J in the High Court, who had dismissed a section 289 appeal against the decision of an inspector appointed to conduct an appeal under section 174 (2)(d) of the 1990 TCPA against an enforcement notice alleging the erection of a new building without planning permission having concluded the building in question was not “substantially complete” and so did not enjoy immunity from enforcement.
  • Decision of an inspector dated 24th May relating to land off Coate Road, Devizes outside the limits of the settlement boundary, allowing an appeal by Robert Hitchin against the decision of Wiltshire Council to refuse an outline application for up to 200 dwellings & a local centre in the context of a Core Strategy more than 5 years old and no 5 yr HLS.
  • Decision of an inspector dated 25th May relating to land in the Green Belt dismissing an appeal by Griggs (Options) Ltd against the decision of Hertsmere Borough Council to refuse an outline application for 37 dwellings of which 40% would be affordable, despite there being a very substantial and acute housing supply shortfall. Significant harm to openness of Green Belt, moderate harm to character & appearance. VSC not found.
Jun 08, 202301:10:35
Oliver Bulleid, Executive Director of the London Community Land Trust (S10 E2)

Oliver Bulleid, Executive Director of the London Community Land Trust (S10 E2)

Our special guest this week is Oliver Bulleid, Executive Director of the London Community Land Trust.


Decisions of the Week:


  • Decision of the High Court dated 12 May 2023in R (0ao Nelson Richardson) v London Borough of Lambeth et SSLU,H&C [2023] EWHC 1131 (admin)refusing multiple applications related to 4 separate JJ claims – all ruled to be totally without merit.
  • Decision of the Court of Appeal dated 16 May 2023 in SSLU, H&C v, Smith & London Borough of Hackney [2023] EWCA Civ 514, in which they quashed the decision of Kerr J in the High Court, who had allowed an appeal against the decision of an inspector appointed to conduct an appeal determined by written representations, who had been assisted by an appeal planning officer who had prepared a report on facts, evidence, issues and contentions in the appeal and a recommendation based on an evaluative planning judgement.
  • Decision of an inspector dated 11 Mayrelating toland at Lowerside Lane, Glastonbury allowing an appeal against the decision of Mendip District Council to refuse an outline application for up to 90 dwellings in the context of a new unitary authority, no 5 yr HLS, agreement between the main parties that the appeal be allowed, evidence from interested parties contending otherwise, observations from the inspector around the relevance of the travel of direction indicated through LURB and NPPF consultation.
  • Joint Determination by DoT & SSLU,H&C dated 10 May 2023in accordance with the inspector’s recommendation, allowing HS2’s appeal under para 6 Schedule 17 of the High Speed Rail (London to West Midlands) Act 2017, against the decision of the Solihull Metropolitan Borough Council, to refuse approval for a lorry route serving five worksites at Balsall Common.


May 25, 202301:03:59
Bill Dunster OBE, Architect & Founder of ZEDPower (S10 E1)

Bill Dunster OBE, Architect & Founder of ZEDPower (S10 E1)

Our special guest this week is World Renowned Architect and Sustainability Visionary and Founder of ZEDfactory & ZED-Power Ltd.


Decisions of the Week:


  • Decision of the High Court dated 20 April 2023 in R (0ao Friends of West Oxfordshire Cotswolds) v West Oxfordshire DC et anor [2023] EWHC 901allowing a challenge by way of judicial review to discharge a planning condition which required a 5 m buffer zone to be demonstrated on land close to ancient woodland known as Rushy Bank, required on the conditional grant of planning permission for residential development for 25 dwellings at Charlbury, Oxfordshire.
  • Decision of an inspector dated 17 April 2023 relating to land at the former Blaxton Quarry Mosham Road, Doncaster allowing an appeal against the failure to determine an application for B2, B8 and E:g commercial development by the City of Doncaster Council; with issues around the provision of BNG on site to secure a net gain of 10% and compliance with the development plan.
  • Decision of an inspector dated 24 April 2023 allowing an appeal against the decision of the London Borough of Camden to refuse planning permission for a 15-storey building for use as student accommodation with affordable workspace, on a site previously used by Addison Lee for offices and a depot for its fleet of vehicles, after a postponement in June 2022 to allow amended plans to address fire safety issues.
  • Decision of an inspector dated 26 April 2023dismissing an appeal against the decision of the London Borough of Tower Hamlets to refuse permission for the demolition of the existing building providing 34 self-contained residential flats and redevelopment of the site for a 10-storey building to comprise 115 shared living units, all in the context of no trigger for tilted balance being engaged.


May 12, 202352:20
Councillor Linda Haysey, Leader of East Hertfordshire District Council (S9 E5)

Councillor Linda Haysey, Leader of East Hertfordshire District Council (S9 E5)

Our Special Guest this week is Councillor Linda Haysey, Leader of East Hertfordshire District Council.


Decisions of the Week:


  • Decision of an inspector dated 8 March allowing an appeal on land at Little Chalfont, Amersham against the decision of Buckingham Council to refuse outline permission for C3 affordable, custom build and retirement homes together with a C2 care home on land in the Green Belt. VSC demonstrated.
  • Decision of an inspector dated 13 March on land outside the settlement boundary at Grove, dismissing an appeal against the refusal of the Vale of White Horse DC to grant permission for a residential scheme of up to 300 C3 homes; issues re impact on countryside & landscape and which figure to use to calculate 5 yr HLS, LHN of 636 or a higher local plan figure.
  • Decision of an inspector dated 10 March 2023 dismissing an appeal against the decision of Maidstone BC to refuse outline permission for approximately 109 homes on a greenfield site, 130 m beyond the settlement boundary at Ashford Road, Harrietsham. The inspector refused to entertain an alternative scheme for 86 dwellings, designed to overcome landscape issues. Issues around suitability of the appeal site, impact on character and appearance & weight to be given to most important development plan policies given an out-of-date housing requirement.
  • Decision of an inspector dated 9 March dismissing an appeal against the decision of Wokingham BC to refuse outline permission for approximately 200 homes on greenfield land abutting but outside the settlement boundary at Hurst Reading issues re compliance with the development plan, impact on trees & hedgerows, BMV agricultural land, sustainable location & impact on countryside & landscape, highway safety.
Mar 23, 202359:56
Sue Bridge FRTPI, President of the Royal Town Planning Institute for 2023 (S9 E4)

Sue Bridge FRTPI, President of the Royal Town Planning Institute for 2023 (S9 E4)

Our Special Guest this week is Sue Bridge FRTPI, President of the Royal Town Planning Institute for 2023 and Director at Sue Bridge Consultancy Ltd.

Episode Resources

Planning Aid England
Planning Aid Scotland 

Decisions of the Week

  • Decision of the Court of Appeal in R (oaf Kinnersley) v Maidstone Borough Council [2023] EWCA Civ 172 dated 22nd February allowing an appeal against the decision of HHJ Waldon-Smith who had dismissed a claim for JR of a decision to grant planning permission on a brownfield site based on the true meaning of the word site in Policy DM5.
  • Decision of High Court in R (oao Bentley Pauncefoot PC) v Redditch BC & Bromsgrove DC [2023] EWHC 456 dated 2nd March 2023 dismissing a challenge to a decision to grant a hybrid permission for a residential led mixed use scheme for 2560 homes on an allocated site straddling the two LPAs area based on allegations that the committee was misled as to details of highway impacts.
  • Decision of an inspector dated 22 February on land at Stratford Road, Shirley, dismissing an appeal, against the refusal of Solihull Metropolitan BC to grant permission, for a residential mixed-use scheme of 111 C3 units plus 84 bed C2 Care Home, gym, salon & restaurant rising to 6 storeys, on a pdl recommended for approval in context of shortfall in HLS.
  • Decision of an inspector dates 22 February allowing an appeal against the decision of Trafford Metropolitan BC to refuse outline permission for up to 116 C3 units on land in the Green Belt which was found to be at odds with local plan spatial strategy. VSC demonstrated.
Mar 09, 202359:40
Lord Ed Vaizey, Politician, Media Columnist & Political Commentator (S9 E3)

Lord Ed Vaizey, Politician, Media Columnist & Political Commentator (S9 E3)

Our Special Guest this week is Lord Ed Vaizey, politician, media columnist & commentator.

Decisions of the Week:

  • Decision of the Supreme Court in Fearn et al v Board of Trustees of Tate Gallery [2023] SCUK 4 dated 1st February 2023 allowing, by 3-2, an appeal against the decision of the  Court of Appeal who had dismissed an appeal from Mr Justice Mann who  declined to grant an injunction based on the common law of private  nuisance to stop members of the public from using a viewing gallery  which afforded uninterrupted views into their glass walled flats.
  • Decision of the Court of Appeal in R (oaf Whitley PC) v N Yorks CC & EPUK Investments Ltd [2023] EWCA Civ 92 dated  3rd February dismissing an appeal against the decision of Mr Justice  Lane who had dismissed a claim for JR of a decision to grant planning  permission for the extraction & export of pulverised ash based on  alleged errors in the officer report & the failure to consider  alternatives.
  • Decision of High Court in Bristol Action Network Co-Ordinating Committee v SoS DLUC & Bristol City Airport dated 31st January 2023 challenging a decision of the appointed panel to allow a  s78 appeal by the Airport, against the decision of North Somerset  Council to refuse an application for the amendment of existing  conditions to increase capacity by 2 million passengers per year on  grounds related to emissions of greenhouse gases and impact on a SAC on  which horseshoe bats roost & breed. Issues raised include the  interaction/relationship with the CCA 2008 and local plan policy for the  airport.
  • Decision of High Court in Armstrong V SOS DLUC & Cornwall Council [2023] EWHC 176 (admin) dated  27th January 2023 quashing a decision letter dismissing an appeal by Mr Armstrong against the decision of Cornwall Council to refuse an  application under section 73 of the TCPA 1990 to vary plans for  construction of a new dwelling under an extant planning permission on  the basis the application gave rise to a fundamental variation to the  permission even though it would not give rise to any conflict with the  description of the permission.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Feb 09, 202356:25
Joanna Averley, Chief Planner for the Department for Levelling Up, Housing and Communities (S9 E2)

Joanna Averley, Chief Planner for the Department for Levelling Up, Housing and Communities (S9 E2)

Our Special Guest this week is Joanna Averley, Chief Planner for the Department for Levelling Up, Housing and Communities. Joanna is a planner who has worked across all aspect of the town planning, regeneration, built environment and development process. She has worked in consultancy, charity and as a government adviser.

Decisions of the Week:

  • Decision of the Court of Appeal in R(oaf Blacker) v Chelmsford City Council [2023] EWCA Civ 25 dated 17th January 2023 dismissing an appeal against the decision of Mrs Justice Thornton who declined to quash a decision granting outline planning permission for housing on a part PDL /greenfield site in Roxwell. First resolution minded to grant but at a second meeting the decision was to refuse. Issues of inconsistency raised.
  • A Minded to Grant Decision made on behalf of the Secretary of State dated 19th January 2023 giving the applicant, the Ministry of Justice, time to provide further evidence to address highway issues identified by the inspector, recommending refusal of the appeal against the dismissal by Chorley Borough Council of a hybrid application for a new prison on land adjacent to HMP Garth & HMP Wymott, Leyland, Lancashire in the Green Belt.
  • Decision of an inspector dated 9th January 2023 allowing an appeal by Ainscough Strategic Land against the decision of West Oxfordshire DC to refuse an outline application for up to 120 dwellings on greenfield land at Witney Road, Ducklington. Land said to be in a gap between Ducklington and Witney, impact on landscape character and setting of conservation area, no 5 yr HLS. NPPF 202 exercise engaged.
  • Decision of an inspector dated 18th January 2023 dismissing an appeal by Senior Living (Freelands) Ltd against the decision of West Oxfordshire DC to refuse an outline application for up to 160 C2 extra care units & retention of veterinary practice in Coach House on a 4.3 ha site in the grounds of Freeland House, a NDHA and itself in use as a Care Home.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Jan 26, 202301:07:11
Steve Quartermain CBE, The Government’s Former Chief Planner (S9 E1)

Steve Quartermain CBE, The Government’s Former Chief Planner (S9 E1)

Our Special Guest this week is Steve Quartermain CBE, the Government’s former Chief Planner.

Decisions of the Week:

  • Decision of the Supreme Court in DB Symmetry Ltd & anor V Swindon Borough Council [2022} UKSC 33 dated 14th December 2022 dismissing an appeal against the decision of the Court of Appeal which declined to confirm that the Court of Appeal in Hall & Co Ltd V Shoreham-by-Sea UDC [1964] 1WLR 240 erred in law in that case that held that a LPA could not lawfully require a landowner by means of a planning condition to dedicate land as a public highway and thereby avoid the payment of compensation.
  • Decision of the High Court in R (oao Philip Addison) V London Borough of Southwark & Anors  [2022] EWHC 3211 (Admin) dated 6th December 2022 dismissing  a challenge to the grant of planning permission for the redevelopment of Champion Hill Stadium & neighbouring astroturf pitch, raising issues about mistake of fact, failure to apply planning policy and failure to discharge the Public Sector Equality Duty.
  • Decision of the Minister of State for Housing dated 14 December 2022 allowing an appeal made by Redrow Homes (Yorkshire) against the failure of City of York Council to determine an application for circa 970 dwellings, associated demolition, infrastructure, primary school, community facilities and A1 store on land allocated in the emerging Local Plan ST8, in the context of Huntingdon NP & the saved policies of the otherwise revoked Yorkshire & Humber RSS 2008. Land in GB and VSC demonstrated.
  • Decisions of an inspector dated 28 November 2022 allowing one appeal by Berkeley Homes (Southern) Ltd against the decision of Guildford BC relating to a hybrid application on Lower Road Effingham for 4 self-build & 110 units and dismissing another appeal against the refusal of RMA for the erection of 99 dwellings on Howard of Effingham School. Land in GB, issues of viability raised.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Jan 12, 202301:08:29
Catriona Riddell FRTPI, Director of Catriona Riddell and Associates Ltd (S8 E7)

Catriona Riddell FRTPI, Director of Catriona Riddell and Associates Ltd (S8 E7)

Our Special Guest this week is Catriona Riddell FRPTI, Director of Catriona Riddell & Associates Ltd, Strategic Planning Specialist to POS, Vice-Chair of TCPA & member of RTPI England Policy Panel.

Decisions of the Week:

  • Decision of the Court of Appeal in Tidal Lagoon (Swansea Bay) PLC v Secretary of State for BE&IS & Welsh Ministers & Swansea Council [2022] EWCA Civ 1579 dated 1st December 2022 dismissing an appeal against the failure of the court below to grant declarations that a DCO granted in 2015 had been lawfully commenced. Issues around the requirements stipulated in the DCO and sections 154 & 155 of the Planning Act 2008.
  • Decision of the Secretary of State for Housing & Planning dated 5th December 2022 allowing an appeal by JBM Solar Projects 2 Ltd against the refusal by Mid Devon Council of an application for planning permission for the construction of ground-mounted solar PV panels to generate up to 49.9 MW on a 60.78hs site. Landscape effects, impacts on DHA, loss of BMV agricultural land, safety of a battery storage facility, BNG, & benefits all considered in context of development plan and NPPF. Inspector recommendation that permission be granted.
  • Decision of the Secretary of State dated 7 December 2022 allowing an application made in 2017 by West Cumbria Mining Ltd following a referral under section 77 of the TCPA in March 2021 and a subsequent public inquiry in 2021 for a new underground coal mine, the refurbishment of two mine drifts leading to two new drifts, coal loading facilities & railway siding, new underground conveyor & associated development at Whitehaven in accordance with the inspector’s recommendation.
  • Decision of the Secretary of State for BE&IS dated 7 December 2022 for the Keadby 3 (Carbon Capture Gas Fired Generating Station) Order for the construction, operation and maintenance of a new electricity generating station for up to 901 MW of gross electrical output under the Planning Act 2008, in accordance with the examining authority’s recommendation, on land within & adjoining the existing Keadby Power Station site, west of the village of Keadby and 7 km west of Scunthorpe.

The views expressed by our guests are their own and do not necessarily represent the views of the panellists.

Dec 15, 202201:00:08
Professor Steve Ormerod, Deputy Chair of Natural Resources Wales and Vice President of the RSPB (S8 E6)

Professor Steve Ormerod, Deputy Chair of Natural Resources Wales and Vice President of the RSPB (S8 E6)

Vice-President of the RSPB, Deputy Chair of Natural Resources Wales and member of the UK Joint Nature Conservation Committee, Steve Ormerod is Professor of Ecology at Cardiff University and has had a lifelong interest in the effects of global change on river ecosystems.

Decisions of the Week:

  • Decision of High Court in R (oaf Hardcastle) v Buckingham Council & BDW Trading Ltd [2022] EWHC 2905 (Admin) dated 16th November 2022 dismissing a challenge to the grant of outline planning permission for residential development on a site abutting Maids Moreton where the Claimant contended the application should have been taken back to committee applying the Kides principle, breach of legitimate expectation, exceedance of delegated authority & an error in EIA screening.
  • Decision of an inspector dated 24th November 2022 dismissing an appeal by CG Fry & Son against the non-determination by Somerset West & Taunton Council of the discharge of conditions on a phased housing development based on the absence of an Appropriate Assessment under the Habs Regs 2017 & the application of NPPF 181. The appeal site lies in the Somerset Levels & Moors SPA & Ramsar Site where the interest features are considered to be unfavourable and at risk of eutrophication caused by excessive phosphates.
  • Decision of an inspector dated 23rd November 2022 dismissing an appeal by Miller Homes Ltd & Bargate Homes Ltd against the non-determination by Fareham Borough Council, of an application for outline planning permssion for up to 375 dwellings on for four field parcels lying in the Strategic Gap between Fareham and Stubbington. Issues at inquiry focused on the impact of the proposal on the character and appearance of the area and consistency with the adopted strategy for the location of new housing. Site had been in Reg 18 of emerging local plan but attracted 500 objections. Other appeals decisions considered. No 5 yr HLS.
  • Decision of an inspector dated 22 November 2022 dismissing an appeal by Christchurch Land & Estates (Melton) Ltd against the refusal of East Suffolk Council, of an application for an 80 bedroom C2 home and 72 assisted care bungalows. Issues around suitability of location having regard to its location in the countryside and access to services and facilities, the need for specialist accommodation, effect on the character and appearance of the area & the suitability of the accommodation given its initial lack of 1 bed units in the face of the Council’s SHMA assessment.
Dec 01, 202259:10
Helen Fadipe MRTPI, Founder & Chair of the BAME Planners Network (S8 E5)

Helen Fadipe MRTPI, Founder & Chair of the BAME Planners Network (S8 E5)

Our Special Guest this week is Helen Fadipe MRTPI, Founder and Chair of the BAME Planners Network.

Decisions of the Week:

  • Decision of High Court in R(oaf CPRE (Somserset)) v South Somerset DC & ors [2022] EWHC 2817 dated 8th November 2022 allowing CPRE’s application for JR & quashing the grant of planning permission for 5 buildings to store carnival floats on open land in the countryside on account of the apparent bias and predetermination of two members who had declared their interests, Council’s Code of Conduct considered.
  • Decision of the High Court in R (oaf Tesco Stores Ltd) v Allerdale BC & Lidl GB Ltd [2022] EWHC 2827, dated 8th November 2022 an attempt by Tesco to quash a decision to grant planning permission for a Lidl store on the basis of alleged failures in the officer’s report to properly interpret and apply local plan policy SA49 and S30.
  • Decision of an inspector dated 11th November 2022 allowing an appeal by Inland Homes against non-determination by Basildon Borough Council of an application for the demolition of the Lodge & the construction of 47 dwellings with vehicular access at Maitland Lodge, Southend Road, Billericay in the Green Belt. 2007 Local Plan and March 2022 withdrawal of 2014-2034 Local Plan.
  • Decision of an inspector dated 31st October 2022 allowing appeal by Luton Halls Properties Ltd against the refusal of Luton Borough Council, of an application for the conversion & change of use from sui generis student accommodation to 132 C3 flats and demolition of on site warden bungalow at Lea Halls, Bute Street, Luton. Issues around change of use in the context of the Luton TC Masterplan Framework, efficient use of land, living conditions and impact on character & appearance, public realm & accessibility to the town centre.


Nov 17, 202257:60
Richard Schofield, Head of Profession at the Planning Inspectorate (S8 E4)

Richard Schofield, Head of Profession at the Planning Inspectorate (S8 E4)

This week, our special guest is Richard Schofield, Head of Profession at the Planning Inspectorate. 

Decisions of the Week:

  • The Supreme Court decision in Hillside – This Wednesday, the Supreme Court decision in the Hillside litigation was handed down. This is a seminal decision in the relationship of planning permissions relating to the same site.
  • The High Court decision in Standard Life v Secretary of State & Ors [2022] EWHC 2632 (Admin) – A decision of James Strachan KC (sitting as a Deputy Judge of the High Court) dealing with the critical issue of presentation of a case at inquiry and the legal approach of an Inspector in the light of how the case is put in the context of a claimed breach of condition in a Section 78 appeal dealing with the redevelopment of a major site in Bath.
  • Decision of an inspector dated 24 October 2022 in which an Inspector deals with a major redevelopment of a site in Tottenham for a mixed use development of 867 homes and whether the proposal complied or not with the development plan and the effect of the tilted balance in the planning balance.
  • Decision of an inspector dated 25 October 2022 in which the Inspector was dealing with a proposed world-class Golf Course, hotel and over 1000 houses in the Green Belt and whether there were very special circumstances which outweighed the harm to the Green Belt.
Nov 03, 202201:05:09
Julie James MS, Welsh Minister for Climate Change (S8 E3)

Julie James MS, Welsh Minister for Climate Change (S8 E3)

Our Special Guest this week is Julie James MS, Welsh Minister for Climate Change.

Decisions of the Week:

  • Decision of an inspector dated 11th October 2022 concerning an appeal by Waddeton Park Ltd against the refusal by Exeter City Council to grant permission for an outline phased development of up to 100 dwellings on a greenfield site, raising issues about the effect of development in a strategic gap and the Exe Estuary SPA & Pebblebed Heaths SAC & SPA.
  • Decision of an inspector dated 10th October 2022 allowing Bellway Homes Ltd’s appeals for residential development of 119 dwellings on phases 3 &4 and 183 dwellings on phase 5 against the refusals by Bolton MBC, both on land designated as “other Protected Land” in the Bolton Core Strategy. Issues raised about the impact on landscape character & visual impact of sites outside but abutting the settlement boundary.
  • Decision of an inspector dated 4th October 2022 refusing to confirm the London Borough of Barking & Dagenham Council (Vicarage Field and surrounding land) Compulsory Purchase Order 2021 under section 226(1)(a) of the Town & Country Planning Act to facilitate, amongst other matters, the redevelopment of the Vicarage Field Shopping Centre. Viability of the scheme with outline permission not demonstrated by AA.
  • Decision of an inspector dated 5 October 2022 allowing an appeal by Robert Hitchens Ltd against non-determination by Cheltenham Borough Council, of an outline application for up to 250 dwellings at Oakley Farm, Cheltenham in the Cotswold AONB. No 5 yr HLS. Three rule 6 parties. Issues raised around design, impact on character & appearance, impacts on designated heritage assets. Application of NPPF 177 re AONB & 202 re-designated heritage assets. Tilted balance, not displaced.
Oct 20, 202201:10:44
Melanie Leech CBE, Chief Executive of the British Property Federation (S8 E2)

Melanie Leech CBE, Chief Executive of the British Property Federation (S8 E2)

This week, we are joined by Melanie Leech CBE, Chief Executive of the British Property Federation.

Decisions of the Week:

  • Decision of the High Court dated 28th September 2022 concerning a challenge to the grant of permission by Cornwall Council for an extension to a Golf & Country Club in St Just, which lies in the Cornwall AONB and the designated Penwith Heritage Coast.
  • Decision of an inspector dated 26th September 2022 allowing two separate appeals on greenfield sites outside but abutting the settlement boundary of Malmesbury, against the refusals by Wiltshire Council of outline applications for the development of up to 50 and up to 26 dwellings respectively. Issues around impact on character & appearance.
  • Decision of an inspector dated 28th September 2022 allowing an appeal against the refusal of Wealden District Council for a mixed-use urban extension of up to 700 dwellings, employment floorspace, medical centre & primary school on a site identified as a Strategic Development Area in the Core Strategy, with European Protected Habitats in the area, contrary to an officer recommendation for approval and in the context of a 3.66 HLS.
  • Decision of an inspector dated 23rd September 2022 allowing an- appeal against non-determination by Basildon District Council, of an outline application for the part demolition & redevelopment of the Eastgate Shopping Centre & adjoining land to provide a mixed use scheme of up to 2800 dwellings including build to rent, open market sale, student accommodation, later living & co-living, retail & commercial floorspace, public realm & car parking. No 5 yr HLS. Issues raised around design, impact on character & appearance, impact on designated heritage assets.
Oct 06, 202201:00:15
Richard Garlick, Editor of Planning Resource (S8 E1)

Richard Garlick, Editor of Planning Resource (S8 E1)

Our Special Guest this week is Richard Garlick, Editor of Planning Resource Magazine.

Decisions of the Week:

  • Decision of the Secretary of State dated 26th August 2022 on a recovered appeal granting planning permission for the use of a site in West Norwood as a metal recycling and management facility in the London Borough of Lambeth.
  • Decision of an inspector dated 2 September 2022 dismissing an appeal of Cooper Estates Strategic Land Ltd against the refusal by Tunbridge Wells Borough Council for the development of a C2 care community for 108 units of accommodation on a greenfield site in the Green Belt. VSC not found.
  • Decision of an inspector dated 31st August 2022 allowing an against the refusal of Central Bedfordshire Council for a C2 Care village of up to 181 dwellings on a greenfield site, raising issues about impact of the landscape and 5 yr housing land supply.
  • Decision of an inspector dated 25th August 2022 allowing appeal against the refusal by Welwyn Hatfield Borough Council of an application by HG Group on a brownfield site for its redevelopment for 289 C3 units and community hub (Use Class E/F) landscaping, access & car parking. Issues raised around design, character & appearance, impacts on designated heritage assets, mix & sustainability.

For more information and resources, please visit our website.

Sep 22, 202255:09
Matthew Spry, Senior Director at Lichfields Planning and Development Consultancy (S7 E7)

Matthew Spry, Senior Director at Lichfields Planning and Development Consultancy (S7 E7)

Our Special Guest this week is Matthew Spry, Senior Director at Lichfields, who will help make sense of the 2021 Census.

Decisions of the Week:

  • R (oao Wyatt v Fareham Borough Council & Others [2022] EWCA Civ 983 a decision of the Court of Appeal dated 15th July 2022 dismissing an appeal against the decision of Mr Justice Jay dismissing a claim for JR of the decision to grant outline permission for C3 development raising issues about the lawfulness of the AA conducted under Reg 63 of the Habitat Regs 2017 applying Natural England’s Technical Guidance Note for the Solent Region.
  • Decision of an inspector dated 12th July 2022 allowing an appeal by Healey Development Solutions (Barnet House) Ltd against the refusal by the London Borough of Barnet for the redevelopment of the site comprising a vacant 12 storey 1960s office block for to 260 homes & 709 sqm of Class E development because of the alleged impact on the character and appearance of the area, due to height, scale, massing & density of the proposal.
  • Decision of an inspector dated 11th July 2022 dismissing an appeal against the refusal of Bournemouth Christchurch & Poole Council for the demolition of a hotel and its redevelopment for a mixed use scheme of 5 buildings sited in the Town Centre, in a Conservation Area.
  • Decision of an inspector dated 8th July 2022 allowing appeals by Alexpo Ltd & Network Rail Infrastructure for planning permission, against the decisions of Elmbridge Borough Council to 1) refuse permission for the redevelopment of the former Jolly Boatman site at Hampton Court Station for 97 homes & a hotel with Class E retail units, station interchange & car parking and 2) temporary car park use for a period not exceeding two years. Issues around heritage impacts on multiple DHA including Hampton Court Palace & the quantum of AH, & the South Western Railway Act 1913.
Jul 21, 202259:40
Toby Savage, Leader of South Gloucestershire Council (S7 E6)

Toby Savage, Leader of South Gloucestershire Council (S7 E6)

Our Special Guest this week is Toby Savage, Leader of South Gloucestershire Council.

Decisions of the Week:

  • Decision of Court of Appeal in Barton Park Estates ltd v Secretary of State & Anor [2022] EWCA Civ 833 dated 21st June 2022 dismissing an appeal against the decision of His Hon Judge Jarman dismissing a section 288 appeal against an inspector’s refusal to grant a certificate of lawful use or development for the stationing of up to 80 caravans “for the purposes of human habitation” at Magpie Leisure Park, Bedford Bridge, raising issues about the scope of a 1987 planning permission & I’m Your Man.  
  • Decision of an inspector dated 30th June 2022 allowing an appeal by Yelland Quay Ltd against the refusal by North Devon District Council for a hybrid application for detailed demolition, flood defence works & bat building & vehicle parking for Tarka Trail &  outline permission for mixed use including 250 dwellings, Class E employment & retail floorspace on land formerly occupied by a coal-fired station, allocated for development &  located in an SSSI, near a SAC/SSSI & within the setting of an AONB.
  • Decision of an inspector dated 24 June 2022 allowing an appeal by Churchill Retirement Living against the failure of Wychavon District Council to give notice of a decision for retirement living accommodation, with a single issue based on viability, and a consequential affordable housing contribution.
  • Decision of an inspector dated 30th June 2022 dismissing appeals for planning permission & listed building consent, against the decision of City of London Corporation, for the refurbishment extension and conversion of the Custom House, a grade 1 LB for hotel led scheme based on the application of NPPF 202.
Jul 07, 202257:44
Marc van Grieken MSc FLI, Landscape Architect and Fellow of the Landscape Institute (S7 E5)

Marc van Grieken MSc FLI, Landscape Architect and Fellow of the Landscape Institute (S7 E5)

Our Special Guest this week is Marc Van Grieken MSc FLI, Landscape Architect, Chair of the Landscape Institute’s Technical Committee.

Decisions of the Week:

  • Decision of Minister for Housing dated 7th June 2022 dismissing a recovered appeal by Island Gas Ltd, in accordance with the inspector’s recommendation, for drilling & testing of hydrocarbons at EP1 Well at Ellesmere Port Wellsite, Cheshire raising questions around energy, shale gas & climate change policy, WMSs & NPPF, effects on mental health.   
  • Decision of an inspector dated 13 June 2022 allowing an appeal by David Wilson Homes against the refusal of Charnwood Borough Council for 170 dwellings & granting outline permission on open arable land on the southern edge of Sileby, a service centre. No 5 yr HLS, NPPF 11(d) applicable, emerging local plan, loss of BMV, impact on character & appearance.
  • Decision of an inspector dated 14 June 2022 dismissing an appeal by a landowner against the decision of Mansfield District Council to refuse permission for up to 204 dwellings on greenfield land raising issues around ecology & biodiversity in particular nature conservation & support for Priority Habitats & Species and BNG.
  • Decision of an inspector dated 15th June 2022 allowing an appeal against the decision of North Somerset Council for up to 100 dwellings on land adjoining but outside the settlement boundary, occupied by agricultural buildings & one house at Yatton, a service centre near Bristol. Neighbourhood plan, issues around 5 yr HLS, emerging now local plan, location & scale of development, impact on ecology & biodiversity & Grampian conditions.
Jun 23, 202258:09
James Stevens MRTPI, Director of Cities for the Home Builders Federation (S7 E4)

James Stevens MRTPI, Director of Cities for the Home Builders Federation (S7 E4)

Our Special Guest this week is James Stevens MRTPI, Director of Cities for the Home Builders Federation.

Decisions of the Week:

  • Decision of Humphreys J dated 31 May 2022 in R oao Mooreland & Owenvarragh Residents Association Group [2022] NIQB 40, a challenge to the grant of conditional planning permission for a new 34,186 seater stadium at Casement Park.
  • Decision of the Minister For Environment, Government of Jersey dated 17 May 2022 to grant permission for a proposed new hospital at Overdale Site, Westmount Road, St Helier, Jersey in accordance with the recommendation of an independent planning inspector following the refusal of two earlier schemes.
  • Decision of an inspector dated 30th May 2022 allowing an appeal for two warehouses of 16,115sq m against the non-determination of Three Rivers DC who originally raised issues relating to the impact of the proposal on hydrology, the Forester Moth & BNG but later accepted that permission should be granted leaving a Rule 6 party to contest the appeal.   
Jun 09, 202258:15
Joanna Averley, Chief Planner at the Department for Levelling Up, Housing and Communities (S7 E3)

Joanna Averley, Chief Planner at the Department for Levelling Up, Housing and Communities (S7 E3)

This week we are joined for a second time by Joanna Averley, Chief Planner at the Department of Levelling Up, Housing and Communities.

Decisions of the Week:

  • Decision of Lang J dated 19 May 2022 in R oao Suliman V a Bournemouth, Christchurch & Poole Council & Aster Group [2022] EWHC 1196 a challenge to the grant of conditional planning permission focused on the lawfulness of a condition & legitimate expectation.
  • Decision of an inspector dated 17 May 2022 allowing an appeal by against the decision South Somerset DC to grant permission on two fields north of Ansford & Castle Carey, for 200 dwellings ( 70 affordable & 130 open market) with associated highways, drainage & landscape. Issues around impact on character & appearance, HLS, the effect on phosphate & suitability of the site falling outside the defined direction of growth.
  • Decision of an inspector dated 16th May 2022 dismissing an appeal by Southern Housing Group Ltd against the decision of the London Legacy Development Corporation to refuse permission for phase 3 of a residentially led mixed use development including a 26-storey tower within Bow River Village raising heritage & design issues, mix & impacts on character & appearance of the, utility of proposed private & public amenity space & amenities of existing residents.
  • Decision of an inspector dated 17th May 2022 allowing an appeal by Fusion Manchester Devco  against the decision of Manchester City Council to refuse permission for a 28 storey PBSA for 534 students on a vacant site at Deansgate, raising issuing on need, impact on character & appearance, DHA, on amenities of nearby residents & wind microclimate at street level and consistency with the development plan.
May 26, 202201:05:36
Liz Peace CBE, Chair of the Old Oak and Park Royal Development Corporation (S7 E2)

Liz Peace CBE, Chair of the Old Oak and Park Royal Development Corporation (S7 E2)

Our Special Guest this week is Liz Peace CBE, Chair of the Old Oak and Park Royal Development Corporation (OPDC)

Decisions of the Week:

  • Decision of an inspector dated 22 April 2022 allowing an appeal by Welbeck Strategic Land against the decision of Chichester  District Council to refuse permission for an outline application for 70 dwellings on an unallocated site with issues around 5 yr HLS, effects on the character & appearance & accessibility to services & employment.
  • Decision of the Housing Minister dated 6 May 2022 allowing an appeal by Bloor Homes & Sandleford Farm Partnership against the decision West Berks DC to grant permission, recovered by the SoS under section 79 for up to 1000 homes, 80 C3 units, a new 2FE primary school, expansion land for an Academy, local centre, new country park and access on an allocated site. Issues around access & compliance with development plan & SPD policies, conditions v 106 obligation.
  • Decision of an inspector dated 3rd May 2022 allowing an appeal by Extra MSA Group against the decision of Warrington Borough Council to refuse permission for an MSA including a 100 bed hotel, fuel & electric charging station at J11 of the M62 in the GB, agreed to be inappropriate development. VSC found.
  • Decision of an inspector dated 27 April 2022 allowing an appeal by Persimmon Homes against the decision of North Somerset Council to refuse permission for 60 dwellings on land north-east of Yatton on allocated land with access via an unallocated orchard with TPOs, raising issuing on impact on character & appearance of former orchard, biodiversity, and consistency with the development plan landscape.
May 12, 202201:02:52
Tom Dobson, Managing Director of Quod Planning (S7 E1)

Tom Dobson, Managing Director of Quod Planning (S7 E1)

Our Special Guest this week is Tom Dobson, Managing Director of Quod Planning.

Decisions of the Week:

  • London Historic Parks & Garden Trust v Minster of State for Housing et al[2022] EWHC 829 (Admin) the decision of Thornton J quashing the Minister’s decision to grant permssion for the UK Holocaust Memorial Centre in Victoria Tower Gardens, Millbank due a failure to grapple with the London County Council’s (Improvements) Act 1900.
  • Decision of the Housing Minister dated 13 April 2022 allowing planning and listed building consent applications by Feeder Estates LLP, made to Bristol CC, called in by the SoS under section 77 for a significant R&D, 367 homes and 1,600  pupil secondary school on a 4.2 ha site east of Temple Meads station, raising issues on impact on flood risk, heritage assets, compliance with the development plan & overall planning balance. 
  • Decision of Secretary of State for Transport dated 21st April 2022 granting development consent under the 2008 Planning Act for Highways England for the M54 to M6 Link Road, replacing J1 of the M54 with a new junction & dual carriageway to M6 J11, in accordance with the examining inspector’s recommendation taking account of the National Networks National Policy Statement and significant economic benefits and overall improvements to air quality.
  • Decision of an inspector dated 12 April 2022 allowing an appeal by Rainier Developments against the decision of Mid Sussex District Council to refuse permission for a 64 bed C2 home on an unallocated site raising issues on impact on character & appearance & landscape, sustainable travel & the need for this type of housing.
Apr 29, 202253:01
Baroness Neville-Rolfe DBE CMG, Chair of the House of Lords' Built Environment Committee (S6 E6)

Baroness Neville-Rolfe DBE CMG, Chair of the House of Lords' Built Environment Committee (S6 E6)

Baroness Neville-Rolfe DBE CMG has been Chair of the House of Lords Built Environment Select Committee since it was established in April 2021. The Committee’s remit is housing, planning, transport and infrastructure and its first report, Meeting housing demand, was published in January.

Decisions of the Week:

  • Decision of an inspector dated 22 March 2022 allowing an appeal against the decision of Tunbridge Wells Borough Council to refuse permission for 71 dwellings on a greenfield site on the edge of Hawkhurst within the High Wealds AONB raising issues on impact on AONB, heritage assets, highways & extent of HLS.
  • Decision of an inspector dated 21 March 2022 allowing an appeal by Think Green Ltd against the decision of Maldon District Council to refuse permission for 232 C3 homes for over 55 yr olds & a Class F building, extending a retirement community, on a greenfield site, raising issuing on impact on character & appearance & landscape & living conditions & impact on SPA/Ramsar/SAC sites.
  • Decision of an inspector dated 17 March 2022 dismissing an appeal by Quorum Estates against the refusal of Stockport Metropolitan Council to grant permission for circa 90,000 sq m of B2/B8 in the Green Belt spread across open fields. No VSC found.
  • Decision of an inspector dated 17 March 2022 dismissing an appeal by 365 ACQ Ltd against the refusal by the London Borough of Tower Hamlets for a 24-storey building at Millwall Inner Dock, which lies within a Tall Building Zone defined in the local plan, issues around design & acceptable living conditions.    
Mar 31, 202256:14
Paul Barnard MBE MRTPI, Service Director for Strategic Planning and Infrastructure at Plymouth City Council (S6 E5)

Paul Barnard MBE MRTPI, Service Director for Strategic Planning and Infrastructure at Plymouth City Council (S6 E5)

This week, we're joined by Paul Barnard MBE MRTPI, Service Director for Strategic Planning and Infrastructure at Plymouth City Council.

Decisions of the Week:

  • R (oao Park Lane Homes) v Rother District Council et anor [2022] EWHC 485 (Admin) a decision of the High Court dismissing a challenge to Council’s decision to accept the recommendations of the examiner into the draft Burwash Neighbourhood Development Plan and to proceed to a neighbourhood planning referendum.
  • Decision of an inspector dated 9th March allowing an appeal by Summix FRB Developments Ltd against the refusal of Bristol City Council to grant permission for a development of four buildings for flexible commercial floorspace, part 5,7,8 & 14 stories for B1, B8 and sui generis student related uses including 595 bedspaces in flood zone 3a. 
  • Decision of an inspector dated 8th March 2022 allowing an appeal by Bloor Homes & al on a 26 ha allocated green field site against the refusal of Rochford District Council to grant an outline permission for the demolition of two properties to form access onto Ashingdon Road for 662 new dwellings, in circumstances where there was no 5 yr HLS.
  • Decision of an inspector dated 7th March 2022 dismissing two appeals by Dunmoore Properties Ltd for permission for up to 30 dwellings on greenfield land on the edge of Pewsey, one refused & one not determined by Wiltshire Council. Issues relating to impact on AONB, mixed & balanced communities & compliance with the development plan.
Mar 17, 202258:13
Helen Barnard, Associate Director of the Joseph Rowntree Foundation (S6 E4)

Helen Barnard, Associate Director of the Joseph Rowntree Foundation (S6 E4)

Our Special Guest this week is Helen Barnard, Associate Director of the Joseph Rowntree Foundation.

Help Ukraine Emergency Appeal

Decisions of the Week:

  • R (oao TV Harrison CIC) v Leeds City Council et anor [2022] EWHC 130 (Admin) a decision of the High Court dated 25th January 2022 allowing a second challenge to the refusal of the City Council  to include land in the list of assets of community value under s 87 of the Localism Act 2011.
  • R (oao S Finch) v Surrey County Council et al [2022] EWCA Civ 187 a decision of the Court of Appeal dated 17th February 2022 dismissing an appeal against the decision of Holgate J who had dismissed a challenge to the decision of the mineral planning authority not to require EIA for crude oil extraction to include an assessment of the impacts of greenhouse gas emissions from the use of refined products of that oil.
  • Decision of an inspector dated 18th February 2022 allowing an appeal by JBM Solar Projects 6 Ltd against the refusal of Newark & Sherwood District Council to grant permission for a solar farm & battery stations, raising landscape & heritage issues.
  • Decision of an inspector dated 23rdth February 2022 allowing an appeal against the refusal of Thanet District Council to grant Gladman’s outline permission for up to 450 homes & associated infrastructure on a Strategic Housing Allocation in the local plan at Margate where there was no 5Yr HLS available and a failure to meet HDT. Heritage & impact on  Thames Coast & Sandwich Bay SPA & Ramsar site considered.




Mar 03, 202256:24
Tim Crawshaw, President of the Royal Town Planning Institute 2022 (S6 E3)

Tim Crawshaw, President of the Royal Town Planning Institute 2022 (S6 E3)

Our Special Guest this week is Tim Crawshaw MA MRTPI FRSA, President of the Royal Town Planning Institute.

Decisions of the Week:

  • Whitley Parish Council v North Yorkshire County Council et al. [2022] EWHC 238 (Admin) a decision of the High Court dismissing a challenge to the conditional grant of permission for EIA development to allow extraction of pulverised fuel ash over 25 years including site restoration based on criticisms of the officer report.
  • Decision of an inspector dated 7th February 2022 allowing an appeal against the refusal of Medway Council of an outline application for EIA development comprising the erection of up to 800 C3 dwellings, primary school & GP surgery & associated highways and landscaping on unallocated arable fields designated as an Area of Local Landscape Importance, in the setting of Kent Downs AONB, on the urban edge of Chatham, with no 5 yr HLS.
  • Decision of an inspector dated 11th February 2022 allowing an appeal by Persimmon against the refusal of East Cambridgeshire to grant permission for up to 175 homes & associated infrastructure on a site on the edge of Soham, a settlement identified as location for growth in a 2015 local plan. 5Yr HLS available, but HDT suggested past poor delivery.
  • Decision of an inspector dated 10th February 2022 dismissing an appeal against the refusal of Mendip District Council to grant Gladman’s permission for 95 homes & associated infrastructure on a site outside the development limits of Chilcompton, a settlement not identified as location for growth in a 2014 strategic local plan nor the recently adopted local plan allocating sites. No 5Yr HLS available using SM.
Feb 17, 202255:40
Victoria Geoghegan, President of the Planning Officers Society (S6 E2)

Victoria Geoghegan, President of the Planning Officers Society (S6 E2)

Our Special Guest this week is Victoria Geoghegan, President of the Planning Officers Society.

Decisions of the Week:

  • Richards v Environment Agency [2022] EWCA Civ 26 a decision of the Court of Appeal dated 17th January 2022 allowing an appeal & clarifying the proper approach to allegations that an environmental regulator, the EA, is acting in a way incompatible with Convention Rights based on Articles 2 & 8.
  • R (oao SPVRG Ltd) v Pembs CC  [2022] EWHC 143 (Admin) a decision of Mrs Justice Steyn dated 7th January 2022, dismissing a challenge to the grant of a section 73 application relating to an established caravan park permission based on alleged defects in the officer’s report.
  • Decision of an inspector dated 26th January 2022 dismissing an appeal against the refusal of Medway Council of an application for the erection of 72 C3 dwellings (18 x AH) & nursery associated highways and landscaping on arable fields, considered to be beyond a reasonable walking distance to services, limited public transport, harmful landscape impact but no 5 yr HLS.
  • Decision of an inspector dated 26th January 2022 dismissing an appeal against the refusal of Doncaster Metropolitan BC to grant permission for a crematorium, memorial gardens & car parking in the Green Belt following an earlier beauty parade of 3 applications, assessing their effect on landscape character & appearance.
Feb 03, 202201:03:14
Nigel Appleton, Executive Chairman at Contact Consulting Ltd (S6 E1)

Nigel Appleton, Executive Chairman at Contact Consulting Ltd (S6 E1)

Our Special Guest this week is Nigel Appleton MA (Cantab), Executive Chairman Contact Consulting (Oxford) Ltd who focuses on the housing needs of older people.

Decisions of the Month:

  • Decision of the Court of Appeal in London Borough of Barking & Dagenham et al v Persons Unknown [2022] EWCA Civ 13 dated 13th January 2022 allowing an appeal & clarifying that the court can grant final injunctions that prevent person unknown from occupying and trespassing on local authority land.
  • Decision of Mr Justice Lane dated 7th January 2022 R (oao Ashchurch PC) v  Tewkesbury BC [2022] EWHC 16, dismissing a challenge to the grant of permission of a road bridge over the Bristol to Birmingham mainline railway based on alleged irrationality, an unlawful negative screening opinion and bias.
  • Decision of an inspector dated 11th January 2022 allowing a full an appeal against the refusal of Waverley BC of an application for the erection of 99 C3 dwellings (30%AH) & associated highways and landscaping on land outside but adjoining the settlement boundary, raising issues of principle, impact on character & appearance and 5 yr HLS.
  • Decision of an inspector dated 10th January 2022 allowing an appeal against the refusal of Fareham BC to grant permission for 206 dwellings on an unallocated green field site in the agreed absence of a 5 yr HLS , based on impacts on biodiversity of the Solent & New Forest Protected Sites& the effect of landscape character & appearance.
Jan 20, 202256:58
Kate Henderson, Chief Executive of the National Housing Federation (S5 E3)

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.
Dec 03, 202101:02:31
Brian May CBE and Anne Brummer, Queen Guitarist, CEO and Co-founder of the Save Me Trust (S5 E2)

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.
Nov 04, 202101:02:53
David Morgan, Professional Lead for Planning Appeals at the Planning Inspectorate (S5 E1)

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.
Oct 14, 202153:16
Clive Betts MP, Chair of the MHCLG Select Committee (S4 E10)

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.
Jul 08, 202159:52
Anna Rose MRTPI, Head of the Planning Advisory Service (S4 E9)

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.
Jul 01, 202101:03:36
Paul Brocklehurst, Chairman of the Land Promoters & Developers Federation (S4 E8)

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.
Jun 24, 202101:02:06
Tony Juniper CBE, Chair of Natural England (S4 E7)

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.
Jun 18, 202101:01:06