A note from the editors

This publication of the Quarterly focuses on the latest revision of the NPPF, the fourth substantive iteration in the decade since it was first published in March 2012.
 
In a Written Ministerial Statement made on 20 July 2021, the Secretary of State explained that:
 
“The new Framework is fundamental to ensuring local authorities and communities can shape and deliver beautiful places to live and work, with a greater emphasis on quality, design and the environment than ever before.”

Our team of market-leading planning barristers has identified four key themes of change within the new NPPF for analysis below:

• Climate Change (Estelle Dehon).
• Design Codes (Jonathan Clay).
• Implications for Plan-Making (Ashley Bowes).
• Implications for Development Management (Clare Parry).
• Article 4 Directions (Jack Parker).

The new NPPF is of course a mere appetiser whilst we await the government’s response to the Planning for the Future White Paper (August 2020). Given Parliament is now in recess until 6 September 2021, we do not anticipate the Planning Bill will be published before the autumn. It remains to be seen whether the government will adopt the recommendation of the Housing, Communities and Local Government Select Committee, to publish the Bill in draft for “pre-legislative scrutiny”.

Rob Williams, Emma Dring, Dr Ashley Bowes

Sizewell C issue specific hearing sessions commence

The Planning Inspectorate will begins to hear two weeks of evidence as part of their examination of a proposal by NNB Generation Company (SZC) Ltd for a Development Consent Order under the Planning Act 2008 to authorise a new nuclear power station at Sizewell, on the Suffolk coast…

Alighting on serious risks: (1) Valero Logistic UK Ltd (2) Greenergy Terminals Ltd v Plymouth City Council [2021] EWHC 1792 (Admin)

Planning Court hands down judgment in an important judicial review concerning the correct approach of planning decision-makers in the context of sites presenting serious health and safety risks..

The importance of plan led development and road safety

Planning Permission refused for 190 dwellings at Land at Newgate Lane, Fareham…

Challenge to Isle of Wight Retail Park Rejected

On 19 May 2021, the High Court rejected a challenge to the grant of planning permission for a new retail park (9167 m2 gross internal floor space and 289 parking spaces) at Newport, Isle of Wight…

Rights of Way Claim over Development Site Rejected

An Inspector has rejected a claim to record three new footpaths, criss-crossing a large greenfield site promoted for housing development in Oxted, Surrey…
 

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word

The Supreme Court has delivered judgment in R(on the application of Fylde Coast Farms Ltd) v Fylde Borough Council [2021] UKSC 18. The case concerned the short point on the interpretation and effect of section 61N of the Town and County Planning Act 1990 which provides for legal challenges to be brought against neighbourhood development orders and neighbourhood development plans…

NEWS:

Mediation and planning: Here to stay?

Cornerstone Barristers join The Bar Council’s Bar Sustainability Network

Ruchi Parekh Speaks at UKELA Annual Conference 2021
 

Click here to access recordings and resources from our previous webinars.

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