A blog about planning, planning law and planning policy

Disclaimer

The information on this blog is not intended to be advice, legal or otherwise. You should not rely on it and I do not accept liability in connection with it. If you do have a planning law question on which you would like advice, seek legal advice from a suitably qualified solicitor. Specific advice should be sought for specific problems.

Where is the powerful presumption after the Autumn statement?

There are several planning related issues in the Autumn Statement, and I will comment on them over the next few days. I want to start with the powerful presumption in favour of sustainable development, announced in the Budget on 23rd March. The Chancellor said:

“Yes, local communities should have a greater say in planning, but […]

Laying the Foundations: A Housing Strategy for England

The Government launched this strategy today, part of its proposals to stimulate growth, recognising the role played by new housing. I met with some architects last week and as we discussed the Government’s Plan for Growth, they practically fell about laughing when I took them through the policy of giving greater power to local communities […]

Localism Bill just awaits Royal Assent

So on Monday the Localism Bill was finally approved by the Commons, accepting all the amendments made in the Lords. That includes the abandonment of the requirement to hold referendums on any and everything, though they are still in place for neighbourhood development orders and specific planning provisions.

The amendment sought by the Law Society […]

Hanham: NPPF will not render existing plans out of date

That was the headline on Planning’s website last Friday 28th October, following the Government’s debate in the Lords on the NPPF. But is that actually what she said? It is not what one would expect, because s.38(6) does of course allow plans to be overridden by material considerations. Planning applications are to be decided in […]

NPPF – response

“Framework” – a frame or skeleton (OED).

 

 

 

 

 

The closing date for responses is Monday 17th. In a spirit of openness, transparency and adventure, I have posted my response which you can read in this link.

National Trust issues its 10 point wish list

I offer the following comments (in italic) on the list issued today.

The National Trust’s ten asks of the NPPF are:

1. Confirmation that the planning system should not be used as a blunt tool to ‘proactively drive development’.

Planning is a sophisticated tool, and it is able to drive economic development proactively. That was […]

Greg Clark, Dame Fiona Reynolds and Adam Marshall debate the NPPF

This morning saw a very interesting debate at the offices of Berwin Leighton Paisner, organised by the British Property Federation. I am grateful to BLP for allowing me to be there.

What were the significant points?

Greg Clark – the intent is to put power into the hands of local communities who […]

The text of the 1923 circular which created the presumption in favour of development

I have been pointing out for some time that the presumption is not new, and dates from 1923. This point was made by Michael Harrison QC (who became a distinguished High Court judge) in a 1992 article in the Journal of Planning and Environmental Law, and by Professor Michael Purdue in his analysis (also published […]

Government recognises the age of the presumption in favour of development

Yesterday the Government issued its “Myth-buster” on the National Planning Policy Framework.

Readers of this blog and other articles by me will know that I have been pointing out for some time that the presumption in favour of development is nothing new and can be traced back to 1923 (see for example my article on […]

What does the National Trust believe about planning?

There is an interesting but tendentious article in The Times yesterday about the National Trust’s own residential developments at Erdigg near Wrexham and at Cliveden (near Slough, in the green belt).

The NT gets a rather unfair treatment as the article suggests both developments are in the green belt and also does not point […]