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Planning Law Latest Updates

Wednesday, 05 April 2017
The Town and Country Planning (Permission in Principle) Order 2017 The Town and Country Planning (Permission in Principle) Order 2017 (“PiPO”) comes into force (England only) on 15 April 2017.   PiPO stipulates the details to be contained on the brownfield land register if permission in principle is to be granted; it grants permission in principle to any land allocated in Part 2 of the brownfield land register; allows for a local planning authority, by…

Affordable Housing Victory for Smaller Developers

Friday, 13 May 2016
Following on from yesterday’s judgment in the Court of Appeal in the West Berkshire case whereby the Court found in favour of the Department of Community and Local Government’s appeal against the High Court’s original ruling, it has now been confirmed that the Court of Appeal’s decision restores the government’s policy, which means Affordable Homes contributions will fall to bigger developers who are building larger sites, whilst development sites of 10 homes or fewer will…

Exemptions threshold for provision of affordable housing units removed

Thursday, 13 August 2015
Exemption thresholds on affordable housing have been removed following a successful appeal to the High Court by Reading and West Berkshire Councils. Legislation brought in in November 2014 allowed for developer's to not have to provide affordable housing if the developments consisted of 10 or less dwellings, or in some designated rural areas, 5 or less dwellings. This has now been scrapped along with the vacant building credit policy with immediate effect. The judgement concluded…

Reducing Delays After Planning Committee Resolution to Grant Permission

Wednesday, 22 April 2015
"The frustration felt by many developers when it comes to actually obtaining planning permission has finally hit home and the government has determined that it is now necessary to tackle delays associated with S.106 negotiations and the discharge of planning conditions. Months can pass leading to severe delays to commencement of development, whilst developers try to conclude a S.106 Agreement and jump over pre-commencement planning condition hurdles. The Government has confirmed that in the short…

The Supreme Court Debates Town and Village Greens

Friday, 07 November 2014
The Supreme Court is currently considering whether West Beach, an area of sand within the port of Newhaven, Sussex should be registered as a town or village green in the case of R (on the application of Newhaven Port & Properties Limited) v East Sussex Council and another.   Newhaven Town Council submitted an application to East Sussex County Council in 2008 to register the beach as a town or village green under Section 15…

Green Belt Policy Supported by Court of Appeal

Wednesday, 05 November 2014
The Court of Appeal last month considered the case of Secretary of State for Communities and Local Government v Redhill Aerodrome Ltd1 and concluded that the High Court was wrong to quash a planning inspector's refusal of planning permission for the construction of a hard runway to replace existing grass runways at the Redhill Aerodrome. It was agreed that the proposed works constituted, "inappropriate development" as set out in paragraph 87 of the National Planning…

New Planning Appeal Powers in Wales

Tuesday, 04 November 2014
On 11 November 2014, the Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (SI 2014/2773) (W 280) comes into force. The Order will enable Welsh Ministers, rather than the parties to a planning appeal to determine the appeal method (written representations, hearing or planning inquiry) for certain proceedings, which will bring it into line with its counterpart in England.   Author: Jude Rodrigues

Development on Brownfield Sites a Priority

Monday, 03 November 2014
The Homes and Communities Agency has highlighted the fact that the vast majority of all homes are now built on brownfield sites and the emphasis should be to encourage this further. Councils are being urged to incorporate into their housing strategies within their Local Plans, housing development that would bring forward brownfield land first. Further, the government has indicated that it wants permissions in place for residential development on over 90% of suitable brownfield land…

The Benefits of Help to Buy Clear to See

Tuesday, 14 October 2014
The Government has confirmed that nearly 53,000 homes have now been bought using the Help to Buy scheme in England and of these, 37,600 homes were new build homes bought using equity loans and the NewBuy options with a further, 15,000 using the mortgage guarantee scheme. The vast majority of homes purchased using the schemes available have been by first time buyers and the knock on effect has seen a huge growth in the number…

Protection of the Greenbelt Versus Housing Need

Friday, 10 October 2014
Communities Secretary Eric Pickles has confirmed the need to continue to protect the green belt from development and priority should be given for the development of the many brownfield sites that are currently available for development throughout the country. The guidance from the Government confirms that a council through its Local Plan should look to prevent the encroachment of urban areas into areas of green belt and once green belt boundaries have been established, these…

New Council Powers Announced to Help with New Affordable Homes

Thursday, 09 October 2014
The Government has confirmed that a number of local councils throughout the country will be able to use new borrowing powers to help them build 1,700 new affordable homes. An additional £122 million will be available over the next 2 years with a further £178 million also available.   From today the new borrowing powers will be used by   Ealing LBC - (£15.4 million for 99 new affordable homes) Sutton LBC - (£4.1 million…

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