Legal Viewpoint

Legal Viewpoint: No magic bullets but plenty of freedom on green belt review

Legal Viewpoint: No magic bullets but plenty of freedom on green belt review

The High Court challenge on the Guildford Local Plan, heard by Sir Duncan Ouseley QC at the end of 2019, crystallises justifications for plan-led green belt release where there is political will to meet housing needs.

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Legal Viewpoint: Tribunal ruling on retail case tests scope of legal privilege

In a recent case involving competing retail proposals in Yorkshire, the Information Rights Tribunal considered disclosure of instructions to counsel in the context of the Environmental Information Regulations 2004.

Legal Viewpoint: How infrastructure levy can bite on relatively modest developments

The Court of Appeal has considered some of the nuts and bolts of the Community Infrastructure Levy (CIL) regime for the first time. The facts illustrate the potential jeopardy faced by developers from provisions that are complex and, at their core, still open to varying interpretations.

Legal Viewpoint: Court tests interface between planning policy layers, by Killian Garvey

A recent Court of Appeal judgment revolved around the interpretation of a policy in a neighbourhood plan for a West Sussex village.

Legal Viewpoint: Keeping an eye on the time in prior approval applications

The High Court has confirmed that local planning authorities do not have the power to extend the determination period for prior approval applications where the General Permitted Development Order (GPDO) specifies a deadline for determination.

Legal Viewpoint: Relief and despair in court ruling on scheme revisions

In 1066, King Harald Hardrada won the Battle of Fulford before being beaten by King Harold at Stamford Bridge. In 2007, planning permission was granted for up to 700 houses on the alleged site and battle resumed, this time between the developers and the local parish council.

Legal Viewpoint: Why the courts will stay out of academic challenges

To what extent will the courts be prepared to become involved in claims raising purely "academic" arguments?

Legal Viewpoint: Keeping track of conditions on updated permissions

The relationship between planning conditions and applications to vary earlier permissions via section 73 of the Town and Country Planning Act 1990 has long been debated in the courts. A Supreme Court decision last month on a case from south London held that the omission of an extant planning condition from a section 73 consent does not automatically mean that it no longer binds the development.