Planning

On Election Day

Author: Matthew White, Partner and Head of UK Planning, London I'm sure I am not alone in finding it difficult to be enthusiastic about today's general election. From a development perspective, there is little in the main parties' manifestos that … Continue reading

Leave a Comment

Filed under Development, Planning

The impact of purdah on planning and a recent decision on judicial review

Author: Fiona Sawyer, Professional Support Lawyer, Planning, London This week, we have links to two pieces of interest to developers: "Getting away with purdah" – an article in EG by Matthew White, Head of Planning, and Annika Holden, Associate (Australia), Planning, … Continue reading

Leave a Comment

Filed under Development, Planning

Grants of planning permission against officer recommendation – managing the legal risk

Author: Annika Holden, Associate (Australia), Planning, London The Court of Appeal has recently upheld challenges in two cases where planning permission was granted by planning committee against officer recommendation (see Oakley v South Cambridgeshire District Council & Anor [2017] EWCA … Continue reading

Leave a Comment

Filed under Development, Planning

Supreme Court rules on the correct interpretation of the phrase “relevant policies for the supply of housing”

Author: Charlotte Dyer, Senior Associate, Planning, London On 10 May 2017, the Supreme Court handed down its eagerly anticipated judgment in respect of two housing appeals against decisions made by Suffolk Coastal District Council and Cheshire East Borough Council.  The … Continue reading

Leave a Comment

Filed under Development, Housing, Planning

An unusual consequence of the housing crisis – or, when is it against public policy to enforce a hospice’s privacy?

Author: Jerome Temme, Trainee, Real Estate Dispute Resolution, London Take a hospice, a restrictive covenant preventing development next door which, at the time of the development, served to protect the privacy of the sick children, their families and visitors, and … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation), Housing, Planning

Time to respond to the Housing White Paper

Author: Matthew White, Partner and Head of Planning, London There is just over one month left to submit responses to the Government's Housing White Paper and Build to Rent consultations. Published on 7 February 2017, the consultation period closes for the Build … Continue reading

2 Comments

Filed under Development, Housing, Planning

The changing cost of environmental claims

Authors: Andrew Lidbetter, Partner, London and Jasveer Randhawa, Of Counsel, London   In environmental (Aarhus Convention) claims, judges can now award costs that take into account the claimant's financial resources. As of 28 February 2017, judges in environmental judicial review claims and … Continue reading

Leave a Comment

Filed under Development, Dispute resolution (property litigation), Environmental law, Planning

Sky’s the limit?

Author: Helena Thompson, Associate, Planning and Environment, London Almost a month on, we have now all had a chance to consider what the Housing White Paper means for the future of housing. The planning team here at Herbert Smith Freehills have … Continue reading

Leave a Comment

Filed under Development, Housing, Planning

Air quality – further developments this week

Authors: Julie Vaughan, Senior Associate, Environment and Helena Thompson, Associate, Planning and Environment, London There have been a number of developments in relation to air quality since our blog post last week: Revision of the National Emissions Ceilings Directive was … Continue reading

1 Comment

Filed under Development, Environmental law, Planning

Important Information for Property Investors: Proposed extension of the ‘no-scheme’ principle for compulsory purchase compensation, to include relevant transport projects from 8 September 2016

Authors: Alexandra Rhodes, Senior Associate, Planning and Matthew White, Partner and Head of Planning, London In September the Department for Communities and Local Government ('DCLG') and HM Treasury issued the Government's response to its consultation carried out earlier this year on … Continue reading

Leave a Comment

Filed under Development, Planning