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

Jeremy Clarkson (Credit: Jeff Spicer c/o Getty Images)

Clarkson branded ‘classic bully’ by council planning officers’ chairman

TV presenter Jeremy Clarkson has been acting like “a classic bully” in picking on local authority planning officers, says the chairman of the body that represents them.

North Hertfordshire Council offices

The councils that determined the fewest applications within government time limits in 2020/21 and 2021/22

Eighteen authorities are sitting below the government’s ‘special measures’ threshold for speed of decision making on applications in the two years to March 2022, two more than in the previous quarter.

High Court, London (Credit: smartin69 c/o Getty Images)

Supreme Court to consider whether 50-year-old national park housing consent is still lawful

The Supreme Court will next week tackle the question of whether planning permission granted more than 50 years ago for a 401-home housing estate in the heart of a national park can still be lawfully implemented.

Development Management Discussion Forum

PlanningResource's Development Management Forum allows users to raise new topics for discussion or comment on existing topics.

Development Management Discussion Forum

Development management answers: do permitted development rights for on-site construction workers' caravans extend to include occupation by their families?

Q. Can you advise on the permitted development rights for a construction worker to live on site in a caravan where planning permission has been granted to build a barn?

Casebook Appeal Summaries

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Development Management In Depth

Sewer pipe

How to respond to the official water pollution guidance said to be blocking 100,000 homes

An update to official advice preventing housing consents that would worsen pollution in protected watercourses has increased the number of authorities affected from 32 to 74. How will government and councils respond?

Credit: Sean Gladwell c/o Getty Images

Why the government’s proposed planning fee increase is likely to fall short in addressing the council resourcing crisis

While both councils and developers have welcomed the news that the government intends to increase application fees by more than a third, practitioners say that even this substantial increase will not be nearly enough to address the crisis in local authority planning team resources.

The levelling up bill includes a range of proposed changes to the planning enforcement system (Credit: Enforcement Services)

The big changes to planning enforcement proposed by the government, and what they would mean for you

The Levelling Up and Regeneration Bill includes a range of proposed changes to the planning enforcement system. Some practitioners have warned that while the measures might increase enforcement activity and paperwork, they may be less effective in remedying actual harms or improving planning outcomes, especially without additional resourcing.

A new housing estate in Topsham (Credit: David Smith c/o Creative Commons Licence via geograph.org)

CIL Watch: Nine things you need to know about the government’s proposed new infrastructure levy

Plans for a national infrastructure levy were included in the recently published Levelling-Up and Regeneration Bill, with further detail provided through accompanying explanatory notes and a policy paper. Here are the key things that you need to know.


Development Management Comment

Megan Forbes

Legal Viewpoint: High Court confirms local plans should be read sensibly and ‘not construed like a commercial contract’

The High Court has overturned a planning inspector's decision due to the inspector's misinterpretation of two policies in the local plan. It reaffirms the principles established in case law, that planning policies should be read as a whole and consideration given to their true effect.

Robert Gowing

Legal Viewpoint: Holocaust Memorial Centre thwarted due to historic law rather than heritage harm

The High Court recently quashed the decision to grant permission for a Holocaust memorial and learning centre next to Parliament for failing to consider a relatively obscure Victorian law which imposed an ‘enduring obligation’ to retain the proposed location as a public garden. While the challenge on heritage grounds failed, the decision offers interesting consideration of the relevant threshold test for ‘substantial harm’.

Charlie Reid

Legal Viewpoint: Critical importance of sequential scheme of CIL notices re-emphasised

The High Court has refused permission to judicially review a Community Infrastructure Levy (CIL) liability notice because the challenge was made very late and without good reasons for delay.