Development Management

News, key planning decisions & appeals, best practice, town planning policy & legislation for development management planners, covering housing, retail, town centres and other development types.

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Development Management News

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Planning guidance updated to indicate tighter planning guarantee timescale

By Toby Porter and John Geoghegan, 7 December 2023

The government’s Planning Practice Guidance (PPG) has been revised to indicate the recent tightening up of the timescale for developers’ ‘planning guarantee’, which now allows developers a right of refund for fees for non-major application if councils have not made a decision within 16 weeks.

Michael Gove in Westminster, October 2023. Image: Peter Nicholls/Getty

Gove ‘hopes’ revised NPPF will publish next week making it easier for councils to diverge from local housing needs

By Stephen Cousins, 7 December 2023

Housing secretary Michael Gove yesterday told MPs that the revised National Planning Policy Framework (NPPF) will be published next week and would include “a clearer basis on which a local authority can argue for a divergence from objectively assessed housing need in specific circumstances”.

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‘Council has one enforcement officer responsible for checking an average 300 planning breaches a year’

By Toby Porter, 7 December 2023

A report that a council is finding it so hard to recruit enforcement staff that it only has one to check on its 300 breaches a year leads our round-up of planning news in other media

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Development Management Discussion Forum

Development management answers: Does the installation of a marquee for events in the grounds of a hotel require planning permission?

By John Harrison, 5 December 2023

Q. I have erected a marquee for weddings and other events in the grounds of my hotel and the council say this requires planning permission..

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Development Management In Depth

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The questions raised by the government’s latest guidance on biodiversity gain plans

The government has published draft guidance on biodiversity gain plans for developers and councils, but commentators have raised concerns about the resource implications for local authorities and say key details remain unclear.

Michael Gove cut out in front of calendars and a building in the background (credit Getty Images)

When we can expect the levelling up act’s measures to come into effect

The Levelling Up and Regeneration Act has just gained Royal Assent. While a few of its planning provisions will come into effect within the next few months, most of them will require much further work before implementation.

A graphic of a pile of money in a briefcase (credit: Emma Austin/Getty Images)

The reasons why councils may be holding on to almost £3bn in unspent developer contribution cash

Research by housebuilders suggests that councils have almost £3 billion of unspent section 106 agreement planning gain cash in their coffers. But practitioners say there are good reasons why councils may want to take their time in spending their developer contributions on local projects.

Gove

How local authorities overcame Gove’s threat to take away their planning powers

The government has decided not to punish ten local planning authorities for slow decision-making, because of the positive progress they are making, but improvements need to last, consultants argue.


Development Management Comment

Jay Mehta

Legal Viewpoint: Case highlights role of punctuation and accurate interpretation of planning policies

By Jay Mehta, 21 November 2023

The High Court has reminded policy drafters and decision makers of the importance of ensuring policies are accurately drafted and, in turn, properly interpreted to help avoid the quashing of planning decisions.

Jamie Davies

Legal Viewpoint: High Court makes further judgment on scope of section 73 permissions

By Jamie Davies, 7 November 2023

The High Court has once again scrutinised the limits of section 73 of the Town and Country Planning Act 1990 in a decision quashing the grant of a planning permission that sought to remove a substation from a solar farm development.

Rohini Vekaria

Legal Viewpoint: Can a section 73 application be used to remove a planning obligation?

By Rohini Vekaria, 31 October 2023

In the case of Redrow Homes Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 879 (Admin), the High Court ruled that Redrow Homes Ltd had to keep 17 houses vacant until a footbridge is provided, as outlined in a section 106 agreement. The case was a key example of how the mechanics of section 73 applications for the alteration of conditions can operate.

Policy & Legislation Updates