Now in force: Replacement section 237 procedure for overcoming rights of light (along with other new provisions under the Housing and Planning Act 2016)

Authors: Matthew White, Partner and Head of Planning and Lucy Morton, Professional Support Lawyer, Planning, London

Replacement section 237:

Yesterday (13 July), the new provisions allowing local authorities to override easements and other rights (including rights to light) came into force, replacing section 237 of the Town and Country Planning Act 1990.  Yesterday's commencement date is earlier than expected.  The previous provisions are familiar to developers as they allowed development to proceed in certain circumstances where there were rights to light and other title constraints to overcome, and the new provisions under the Housing and Planning Act are similar: please see our previous blog post here for further details on the form and effect of these provisions.

Other new Housing and Planning Act 2016 provisions in force from 13 July include:

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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 bones of the Housing and Planning Bill, including for performance linked planning application fees, a brownfield land register and a Section 106 dispute resolution mechanism.  The consultation paper also considers how the proposals for the grant of "planning permission in principle" will be put into effect. Permission in principle means the grant of automatic planning consents for housing led developments where further technical details will be provided at a later date.

In this post we discuss how the permissions in principle will fit with existing requirements for environmental impact assessments.

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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. The broad aims of the bill are to further streamline the planning system as well as to create more housing. A few highlights are outlined below.

1. Starter Homes required in section 106 agreements

2. Planning Permission in Principle

3. NSIPs with housing elements

4. Right to buy


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