From 25 January 2019 (although see here for our commentary on the ambiguity surrounding the actual date), local planning authorities must use the new standard methodology for assessing housing need set out in the National Planning Policy Framework published in… Read more

This Thursday is 24 January 2019, a hotly anticipated date in the planning world because this is the date referred to in the revised National Planning Policy Framework ("NPPF") as the date after which the policies in the revised NPPF… Read more

Two key themes of the Budget on 29 October 2018 were increasing the supply of housing and improving the health of high streets and town centres. Published with the Budget was the consultation 'Planning reform: supporting the high street and… Read more

Viability is at the heart of the extent to which private developers can be expected to bridge the gap between demand for and supply of affordable housing. In April this year, in a postscript to his judgment in the case… Read more

This blog post explores how the meaning of affordable housing has evolved following the publication of the revised National Planning Policy Framework ("NPPF") on 24 July 2018 and the Draft New London Plan showing Minor Suggested Changes on 13 August… Read more

This article was first published on Lexis®PSL Planning on 9 August 2018. Will the government’s new planning rulebook deliver on its promises? Robert Walton, barrister at Landmark Chambers, says the new National Planning Policy Framework (NPPF) is a step in… Read more

The revised National Planning Policy Framework (NPPF) was published on 24 July 2018. This post considers what difference it will make – in terms of the impact on developers, whether the government's aims will be achieved and how soon its… Read more

The High Court has declared a key policy in the mayor of London’s planning guidance on affordable housing ‘unlawful’ – but what does that mean in practice? Matthew White, Partner and Head of UK planning, explains the impact of the decision in this article published on EGi… Read more

Now that the annual decant to Cannes has drawn to a close, I am left wondering how to judge the mood of this year's MIPIM – the world’s biggest property show. This was a year of contradictions: not just the… Read more

The Government is recommending that viability is assessed in detail by the local authority at the stage of setting its development plan and allocating land for certain uses, and that specific assumptions should be made at that stage regarding land… Read more

  Matthew White, partner and head of the UK planning team in the London office of Herbert Smith Freehills talks to Lucy Morton, another lawyer in the planning team, about what he's expecting from the MIPIM real estate conference in… Read more

Developers beware – if you don't agree with a pre-commencement condition in draft, you could have to express your disagreement in writing within 10 working days, or risk the authority imposing it in a planning permission anyway. The government is… Read more

Herbert Smith Freehills was out in force at a fantastic, thought provoking breakfast event yesterday at the Hilton, Park Lane organised by Bisnow and entitled "Women Leading Real Estate". There was a keynote interview with Alison Nimmo, CEO of The… Read more

What if land values fell because the value attached to future potential planning permission was disregarded? This is what the Labour party is proposing, through reform of the compulsory purchase process. A Government committee is also asking questions on whether… Read more

It is good practice for a local planning authority to give reasons for the grant of planning permission. Failure to give adequate reasons may be serious enough to justify quashing the permission. There is a statutory duty to give reasons… Read more

Developers and planners need to start preparing now for the future impacts of autonomous vehicles, Matthew White suggests in his article for Planning Magazine, published on Friday 15 December 2017.  The article takes the form of a Q&A with Matthew… Read more

This post has been superseded by a new post assessing affordable housing under the revised National Planning Policy Framework published in July 2018 and the draft New London Plan showing Minor Suggested Changes published in August 2018. See here for the new post. "Affordable… Read more

Apart from a couple of pieces of good news, the Autumn Budget materials published earlier today contain a number of definite and potential changes to UK tax on real estate which could impact on pricing going forward. The good news… Read more

Herbert Smith Freehills are running workshops for property developers on housing and viability, with a focus on London and interpreting the Mayor's recently adopted guidance on viability and affordable housing.  In our workshops we run through a case study with actual… Read more

Overage provisions can be complicated, and the recent case of Sparks v Biden [2017] EWHC 1994 (Ch), offers some useful reminders of the potential pitfalls that can arise when drafting overage agreements and the scope of the Court's ability to… Read more

Co-living is perhaps a concept traditionally associated with the shoestring lifestyle of students. But what about curated workspaces, well-equipped gyms or perhaps even a trip to the spa - all under the same roof?  New flexible living models have already started… Read more

The BBC and others are today reporting the Department for Transport's news that the Government has announced funding for a "platooning" feasibility study. This will allow up to three heavy goods vehicles to travel in convoy on motorways with their acceleration,… Read more

Planning Resource has published an on-line article by Matthew White, Head of Planning, London, discussing the conclusions of the May 2017 report by the London School of Economics concerning the impact of overseas buyers on housing supply. For the Planning Resource article,… Read more

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 came into force on 16 May 2017, implementing the 2014 EU Directive. Similar regulations have also come into force under the infrastructure planning regime. Largely, the new regulations are a fairly extensive… Read more

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… Read more

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,… Read more

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… Read more

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… Read more

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… Read more