Developer Contributions, CIL, Viability: Are We Nearly There Yet?

Bookends to this last week: On Monday 5 March 2018 the draft revised NPPF , accompanying consultation proposals document and the Government’s response to the housing white paper consultation were all published, as well as the two documents I’ll focus on in this blog post: – Supporting housing delivery through developer contributions: Reforming developer contributions … Continue reading “Developer Contributions, CIL, Viability: Are We Nearly There Yet?”

CIL: Haven’t Found What I’m Looking For

So now we know. We will all be continuing to scratch our heads over CIL.  My 25 March 2017 blog post CIL: Kill Or Cure? summarised the main October 2016 (but only published February 2017) recommendations of the CIL review team: “the replacement of the current system with a more standardised approach of Local Infrastructure … Continue reading “CIL: Haven’t Found What I’m Looking For”

CIL: Kill Or Cure?

If anyone doesn’t think that the Community Infrastructure Levy urgently needs reform, do read this 1 March 2017 VOA ruling on one of many thorny issues that arise constantly in practice: how to calculate indexation (as well as how to calculate chargeable floorspace) in relation to section 73 permissions that amend pre-CIL permissions. The copy of … Continue reading “CIL: Kill Or Cure?”

The Unfortunate Case Of The Council’s Sports Hub

It’s easy for a planning lawyer to summarise R (Boot) v Elmbridge Borough Council  (Supperstone J, 16 January 2017). The High Court confirmed what we already know from paragraph 89 of the NPPF – that “the provision of appropriate facilities for outdoor sport, outdoor recreation and for cemeteries, as long as it preserves the openness … Continue reading “The Unfortunate Case Of The Council’s Sports Hub”

The Big Society Theory

“We’ve got to have rules and obey them. After all, we’re not savages. We’re English, and the English are best at everything.” (W. Golding, Lord of the Flies) David Cameron was reported in a Third Sector piece last year as accepting that his Big Society agenda (first set out in detail in his 19 July … Continue reading “The Big Society Theory”

Housing Needs, Housing Shortfalls

“We’ve got five years, my brain hurts a lot We’ve got five years, that’s all we’ve got” (David Bowie) The new NPPF introduces the requirement for local planning authorities to use a standard method to arrive at their local housing needs assessment, “unless exceptional circumstances justify an alternative approach which also reflects current and future … Continue reading “Housing Needs, Housing Shortfalls”

Maximus: Dove J Ruling On PINS Validation Approach

My 14 April 2018 blog post Telephone Kiosks v Homes commented on the rash of prior approval applications for “telephone kiosks” under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015. I queried in passing as to whether some of these applications met the test … Continue reading “Maximus: Dove J Ruling On PINS Validation Approach”

The Loneliness Of The Long Distance Planning Inspector: Courts Support Approach To Setting & Valued Landscape

Two cases last week reminded me as to how difficult the role of the planning inspector is. The two inspectors in question, architect John Gray and solicitor Karen Ridge, both faced conflicting evidence and submissions on issues which were largely matters of evaluation and judgment, albeit within narrow policy tramlines, at inquiries lasting six and … Continue reading “The Loneliness Of The Long Distance Planning Inspector: Courts Support Approach To Setting & Valued Landscape”

2 ACV Disputes

The listing of land or buildings as an asset of community value has legal consequences but ones that will seldom be determinative as to an owner’s longterm plans. Whilst disposal of a freehold or long leasehold interest can’t take place without community groups being given an opportunity to bid, there is no obligation to accept … Continue reading “2 ACV Disputes”