Planning

Recent Articles

•  

  15/04/2024

  England and Wales

  Marks and Spencer secures quashing of Secretary of State’s decision to refuse planning permission

  The recent judgment of the High Court in Marks & Spencer Plc v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 452 (Admin) has received a lot of attention given its implications for the repurposing and reuse of existing buildings. The case concerned proposals by Marks & Spencer (“M&S”) to demolish their existing store on Oxford Street, London and to replace it with a nine-storey mixed use office and retail store, including a restaurant and a gym.The case was brought by M&S against the Secretary of State (“SoS”) following his decision...

  Read more
•  

  10/04/2024

  United Kingdom

  Interplay of contractual and statutory break notices under the Electronic Communications Code

  Summary Actual service of a contractual break notice is not required for termination of agreements under the Electronic Communications Code.The CaseIn ON Tower UK Limited v British Telecommunications PLC [23 February 2024], BT operated a telephone exchange, on the roof of which ON Tower managed various mobile telephone installations. In 2021 BT granted ON Tower a lease of various properties including part of the roof of the exchange for a term ending in 2030, but with a contractual right for BT to end the lease early. ON Tower UK Limited is a Code operator meaning that it can potentially...

  Read more
•  

  23/02/2024

  Scotland

  Scottish wildcat group’s challenge to windfarm permission unsuccessful

  Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire. The Court held that Wildcat Haven had failed to establish that the decisions were attended by any error of law and there was therefore no scope for intervention by the court.In June 2023 Vattenfall’s application for the construction of a new wind farm in Clashindarroch Forest was granted under section 36 of the Electricity Act 1989 by the Scottish Ministers. The petitioners, Wildcat Haven,...

  Read more
•  

  12/02/2024

  United Kingdom

  Biodiversity Net Gain comes into force - what does it mean for you?

  It has been over 2 years since the concept of mandatory Biodiversity Net Gain (BNG) was introduced  by the Environment Act 2021. After months of delay, today the provisions finally come into force. It is no question that the UK is in a biodiversity crisis. This new statutory framework aims to radically change the interplay between new development and biodiversity conservation and will require the vast majority of new development to deliver at least a 10% increase in its biodiversity value. New development will therefore not only be nature neutral but will legally be required to be nature positive...

  Read more
•  

  06/02/2024

  United Kingdom

  Discussing Dennis: Breaking into planning jail - A new JR ruling on the severability of planning permissions

  Another case has recently emerged on the vexed question of the compatibility of subsequent planning permissions for development on the same site.  In R (Dennis) v London Borough of Southwark[1], (“Dennis”) a local resident challenged the decision by the London Borough of Southwark Council (the “Council”) to allow a non-material amendment to an outline planning permission (“OPP”) granted in August 2015 for the redevelopment of the Aylesbury Estate. Purportedly, the amendment was made to ensure complinace with the law following the landmark case Hillside Parks...

  Read more
•  

  05/02/2024

  England and Wales

  Government consultation on requirement for information about contractual controls on land

  Summary The Government has launched a consultation on new regulations which will require the provision of certain information about agreements used to control registered land in England and Wales, intended to secure the land for residential, commercial or mixed-use development. The Government proposes that there will be a more transparent, publicly available data set of where and how land is under control, short of outright ownership. The regulations are expected to commence in April 2026 and will affect not only new agreements, but also existing agreements entered into from April 2021 and...

  Read more