planning update - issue two
Welcome to our second planning update! Time flies, six months
since our last one but so much has happened, so we have lots to
tell you about. This time around we have joined up with our
property development team and we have prepared eight articles
dealing with some of the hot topics in the planning and development
worlds.
The biggest news of course is the change in government. Planning
is a hugely political area of the law and it is not surprising that
in the 'Coalition: our programme for government' document, which
the cabinet office has recently published, there are the bones of
policy and legislative change which will have a huge impact on the
planning system. Although it is early days, we provide you with the
headline announcements.
CIL was of course established by the previous administration but
it is only relatively recently that the regulations came in to
force and they have made some important changes to the law
regulating planning obligations, we provide the details on this.
The coalition has already started the overhaul of national planning
policy with a revised PPS3 being recently published and more is
promised to be on its way. We outline the changes (and
difficulties) of the new housing policy as well as providing an
overview of the recent additions to the suite of documents
published by the previous government which we think you need to
know about.
The courts have also been fairly active in the last six months
and we have three articles dealing with some new cases. The first
case concerns those matters which can be taken into account when a
local planning authority are making a CPO and in particular whether
consideration can be given to benefits on unconnected sites. Town
and village greens have always been a useful tool in resisting
development and it may just have become a little easier to obtain
this status - read on to find out more. Finally the ECJ have also
decided a case which provides further clarity on whether
development agreements invoke the procurement regulations.
We hope you find this legal update useful. If you have any
questions about the articles, or planning and development law in
general, please do contact us.
Articles in this issue
Garden
grabbing, densities and housing land
supply
Steve Coult gives an
overview of the amended PPS3, issued last week.
Read the full article here
CIL and planning
obligations
Anna Eastgate looks at the future of planning obligations and
recent developments in the regulations which apply to them.
Read
the full article here
Sainsbury’s comes out on top but
what principles are established for compulsory purchase
law?
Tom Edwards considers the recent decision of the Supreme Court
which finally resolves a ten year legal battle between two of the
UK’s largest retailers and whether a local planning authority can
consider benefits which accrue on an unconnected site when
considering using its CPO powers.
Read
the full article here
Town and village greens – weapon
of choice in guerrilla warfare against property
developers?
Holly Mitchell considers the recent development of case law in
respect of town and village greens and how this may be used by
objectors to development in preventing development.
Read
the full article here
What’s new in planning policy and
procedures?
Hilary Wrenn trawls through the latest amendments to national
planning policy and tells you what you really need to know.
Read
the full article here
Where are we
going?
Tom Edwards takes a critical look at the coalition Government’s
plans for the planning system.
Read
the full article here
CRC Energy Efficiency Scheme and
the landlord and tenant relationship
Claire Gay looks at the CRC Energy Efficiency Scheme and how this
will impact upon the landlord and tenant relationship.
Read
the full article here
Procurement and development
agreements – the position after Müller
Anna Stokes looks at the implications of the Müller case and the
guidance it gives on whether development agreements are subject to
the EU procurement rules.
Read
the full article here
The content of this update is provided for the purposes of
general interest and information. It contains only brief summaries
of aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.