Tag Archives: planning permission

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

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Filed under Development, 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

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

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Filed under Development, Housing, Planning

Permission in Principle and Environmental Impacts (2016 Planning Consultation)

Author: Martyn Jarvis, Associate, Planning, London This Friday (15 April) is the deadline for responses to the Government's 'Technical Consultation on Planning Changes' (launched on 18 February 2016). The consultation sets out the Government's proposals to put flesh onto the … Continue reading

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Filed under Development, Housing and Planning Bill 2015 – 2016, Planning

Review of unviable affordable housing obligations to cease on 30 April 2016

Author: Matthew White, Partner and Head of Planning, London Developers with planning permission for residential development can currently apply to renegotiate affordable housing obligations which have become economically unviable.  However, this review mechanism will cease to be effective on 30 April … Continue reading

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Filed under Development, Planning

Demolition in Conservation Areas – no permitted development rights

Since 1 October 2013 Conservation Area Consent has not been necessary for demolition of an unlisted building or enclosure in a conservation area, but the requirement now is to obtain approval for the demolition by planning permission (a change introduced by the Growth and Infrastructure … Continue reading

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Filed under Development, Planning

Housing and Planning Bill announced

Yesterday (13 October 2015) the Housing and Planning Bill was published, proposing new planning legislation including requirements for starter homes in section 106 agreements, planning permission in principle on brownfield sites, and allowing housing elements to be included in NSIPs. … Continue reading

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Filed under Development, Housing and Planning Bill 2015 – 2016, Planning

Section 106 monitoring payments not compliant with CIL regulations

A High Court Judge has ruled that the monitoring fees routinely added by local planning authorities to section 106 costs will not generally meet the test of ‘necessity’ required under the CIL regulations. For developers in the middle of section … Continue reading

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Filed under Community Infrastructure Levy (CIL), Development, Planning