Legal Beagle November Edition

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Welcome to the Urbanissta Legal Beagle’s case work reviews – we’re tracking the decisions on proposed developments to see what precedents have been set in recent judgements and decisions that might be useful to you, day to day.

We provide a summary of recent decisions for your reference below and via the links, or you can download the full decision letters should you wish. We’ll be giving you an updated every other month so remember to keep any eye out for our updates.

Our guest barrister, Giles Atkinson of 6 Pump Court provides a commentary on a recent decision; Catesby Estates Ltd v Peter Steer.

Here are 10 recent planning appeals, giving you insights into the latest precedents:

1. Reasons for Planning Approvals

Appeal Ref: C1/2017/1840 and C1/2017/1934
Appeal Decision Date: 18th July 2018
Appellant: Catesby Estates Ltd
Council: Amber Valley District Council

The recent decision of the Court of Appeal in Catesby Estates[1] is an interesting and important one about how to determine the extent of the ‘setting’ of a heritage asset.

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Delivering the Thames Estuary Growth Commission’s 2050 Vision

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The Thames Estuary 2050 vision was published in June 2018 by the Thames Estuary Growth Commission. It sets out the vision of transforming the estuary into a tapestry of productive places along a global river.

The Vision: To create 1.3 million new jobs, £190 million GVA and 1 million new homes.

Context & Timeline  

The Thames Estuary is located to the east of the City London and stitches north and south of the River Thames from Tower Hamlets and Greenwich out towards Ebbsfleet and Thurrock.

Below is a timeline of the Thames Gateway.

  • 2003 – Formation of the Thurrock Thames Gateway Development Corporation
  • 2005 – Formation of the London Thames Gateway Development Corporation
  • 2009 – More than £9 million was earmarked by the Labour Government for projects on the Estuary
  • 25th Nov 2010 – Under the coalition Government the Minister for Thames Gateway addresses the Thames Gateway Forum giving the reins back to local decision makers through the Thames Gateway Strategic Group
  • 2011- Functions of the London Thames Gateway Development Corporation back to Local Authorities and the new London Legacy Development Corporation
  • April 2012 – Formation of the London Legacy Development Corporation
  • 31st October 2012 – Abolition of the Thurrock Thames Gateway Development Corporation
  • 2013– London Thames Gateway Development Corporation fully scrapped
  • March 2016 – Chancellor George Osborne announces creation of the Thames Gateway Growth commission headed by Lord Heseltine
  • March 2016 – Mayor of London Boris Johnson pushes for the creation of a new airport on the estuary
  • July-September 2016 – Commission runs consultation on call for ideas
  • March 2017– Lord Heseltine removed from post as chair and replaced by John Armitt
  • April 2017– Lower Thames Crossing preferred route announced
  • 19th December 2017– Growth Commission’s priorities announced as:
  • Creating internationally-competitive centres of excellence
  • Making the most of planned investments such as the Lower Thames Crossing, and assessing the case for other investments that have been proposed
  • Ensuring that people right across the corridor benefit from expected growth
  • Working closely with organisations and communities to develop a plan for delivering the vision
  • June 2018 – Publication of the Commission’s 2050 Report

 Thames Gateway Strategic Group

The Thames Gateway Strategic Group was created on 25th November 2010 when the Minister for the Thames Gateway addressed the Thames Gateway Forum giving the reins back to local people. The strategic group is made up of officers and elected members.

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Brokenshire’s Warning to the London Mayor

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Following the publication of the NPPF on the 24th July 2018, James Brokenshire wrote to the Mayor of London giving him a serious talking to on meeting housing need.

Consultation on the Replacement London Plan was undertaken between December 2017 and March 2018. The Replacement Plan proposed to go further than previous iterations of the London Plan, going beyond strategic policies and proposing an increased housing figure of 65,000 dwellings per annum. The increased numbers were proposed to be met through increased densities and more reliance on Brownfield Sites coming forward.

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Here’s what you need to know about viability in the revised NPPG

This entry was posted in Best Practice, Commenting on Government, Development, Legal, Planning, Uncategorized on by .

 

Viability is not dealt within the NPPF, it is dealt with separately in the NPPG.
 The draft NPPF stated that “where proposals for development accord with all the relevant policies in an up-to-date development plan, no viability assessment should be required to accompany the application”. The revised 2018 Framework removes this measure and states at paragraph 57: “Where up-to-date policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable. It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage”

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12 things you need to know about the Revised NPPF

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As you may be aware, the government published the revised National Planning Policy Framework on 24th July 2018. This means that the NPPF 2018 is a material consideration in determining planning applications. If you have not had a chance to read the document, you can download the NPPF 2018 here. We have analysed the changes made since the draft was consulted upon in Spring and here are 12 things you need to know:

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Local Plan Updates and Progression August 2018

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Local Plan Updates – Tracking and Progression

We have been tracking and following the progress of Local Plans in the different regions of England.

A Local Plan sets out planning policies and identifies how land is used – determining what will be built where. We’ve developed this Local Plan Schedule which we hope will keep you up to date on what Local Authorities are doing on their Plans and if you have any questions contact us today.

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Greater Birmingham HMA Strategic Growth Study

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In February 2018, the Greater Birmingham HMA Strategic Growth Study prepared by GL Hearn and Wood Plc was published. We provide a summary of the key findings of the report.

Birmingham’s functional HMA covers more than Birmingham and includes the Black Country and parts of Worcestershire, Warwickshire and Staffordshire. It also covers authorities which are within the Greater Birmigham and Solihull LEP and the Black Country LEP. North Warwickshire and Stratford-on-Avon Districts  are authorities with an area of overlap between the Birmingham and Coventry/Warwickshire HMA.

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Is the NPPF Trying to Nationalise the Sale of Land?

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The draft NPPF was published in March 2018 and stated at Paragraph 34 that “plans should set out the contributions expected in association with particular sites and types of development. This should include setting out the levels and types of affordable housing provision required, along with other infrastructure (such as that needed for education, health, transport, green and digital infrastructure). Such policies should not make development unviable, and should be supported by evidence to demonstrate this. Plans should also set out any circumstances in which further viability assessment may be required in determining individual applications”

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Silvertown Tunnel Consent Order Granted

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The Development Consent Order for the Silvertown Tunnel has been approved by a Statutory Instrument (No 574). The Silvertown Tunnel Order 2018 was made on the 10th May 2018 and comes into force on the 31st May 2018. The decision was delayed for six months to take into account additional measures for air quality.

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Girl on The Tube Returns

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This years Girl on the Tube starts on the River, the Limehouse Cut to be exact.

The Limehouse cut is a part of my local area I haven’t really explored until recently, mostly because it wasn’t very inviting. But my interest has peaked recently since seeing paddle boarders and canoers enjoying the waterway, as well as unusual bird species.

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