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What are the key cases and appeals that Local Authorities need to know about this month? In our latest planning update, specialists Stephanie Hall, Chrisa Tsompani and Nigel Hewitson summarise the key cases: - High Court quashes planning permission for soil storage facility due to breaches of EIA regulations - A Boat is Not a Building for CIL Purposes (Appeal refused) - Council secures interim injunction in bid to keep affordable homes subject to section 106 agreement - Lawful development certificate cannot be used to claim existing use is unlawful - No CLEUD for cottage demolished over 50 years ago - Huge urban development approved at final meeting of Olympic legacy body’s planning committee - Secretary of State for Housing, Communities and Local Government calls in 8,400 housing development in Kent three hours before Council were due to rule on it - Planning permission for office development in Warrington is refused by Secretary of State following call in Find out more: https://lnkd.in/eAgktMQd #davittjonesbould #commercialproperty #realestate #planning #localauthorty

The Levelling Up and Regeneration Act 2023 set out amendments to planning enforcement provisions within the Town and Country Planning Act 1990, and secondary legislation was finalised on 2nd April 2024 (see The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024). Section 115 revokes the current four-year time limit for enforcement actions, increasing the time period in which local planning authorities can take enforcement action against unauthorised development in England to 10 years in all cases. This applies to operational development and change of use of any building to use as a single dwellinghouse. The new provisions came into force on 25th April 2024 The transitional provisions mean that this change will not apply in the following circumstances: Where the operational development was substantially completed before 25th April 2024; or Where the change of use to a dwelling occurred before 25th April 2024. Provided that the above criteria can be met, then the four-year rule would remain. Any property owners with a planning breach should be aware that the process of obtaining a Certificate of Lawfulness is complex to ensure compliance with the regulations and requirements. If you would like to discuss the process and look to obtain a Certificate of Lawfulness please contact our Town Planning team at planning@baileyp.co.uk #baileypartnership #townplanning #LevelingUpandRegenerationAct

🏠 Streamlining Planning Approvals – Deputy PM and Housing Secretary Angela Rayner has announced that planning officers will soon be able to bypass council committees to approve appropriate homes, citing (in the Times) the need to “unblock the clogged-up planning system” and provide certainty for developers. Rayner assured that developments not meeting criteria will still face democratic scrutiny. Thoughts on this? #Housing #Planning #Development #TBE #residentialdevelopment

Stronger powers for councils🚨🏡💪 Through the new Levelling Up and Regeneration Act, council planners will be able to take stronger enforcement measures on landowners that are repeatedly breaking planning rules, making it harder for them to seek planning permission in future. Lee Rowley, Minister for Housing and Planning, said: “Today marks another important step forward in our mission to deliver a faster and less bureaucratic planning system, making sure councils have greater powers at their disposal to take robust action against developers who do not play by the rules. Read more👇👇 https://lnkd.in/ehGzcNPg Department for Levelling Up, Housing and Communities Lee Rowley Local Government Association #Planning #Housing #LocalGovernment #Councils

Will the government’s requirement for 50% affordable housing on grey belt sites be deliverable?   This week, we heard from Calderdale Council, Solihull Metropolitan Borough Council, and Greater Cambridge Shared Planning as part of our inquiry into the grey belt.   Representatives Richard Seaman, Stephen Kelly and Mark Andrews shared their opinions on the impact of the new grey belt definition. We heard:   🟥 the new definition lacks clarity, which could present challenges in implementation   🟥 50% affordable housing may not be sustained by land values, and targets set by local plans may be preferable   🟥 the government’s proposals may lead to opportunism from landowners and the housebuilding industry, who might prefer to progress small sites on the edges of villages with lower infrastructure lead times and costs   🟥 the current green belt releasing approach maintains public confidence through a structured process of consultation, refinement, examination and the report from the inspector.   📺 Watch the session on Parliament TV https://lnkd.in/e52gPruR   📄 Find out more about the inquiry https://lnkd.in/ePuJ8s5Y   #HouseOfLords #Housing #GreyBelt #AffordableHousing

June’s edition of our Planning News contains an overview of key matters raised the Report of The Housing Commission published recently by the Department of Housing, Local Government and Heritage as well as progress updates on the National Planning Framework Review and draft Planning & Development Bill 2023. If you wish to discuss further, please contact our Planning team Brian Kelly, Brian Maher MSc MIPI MCIAT, Matt Golisti #AvisonYoung #PeopleforPlace #Planning #Dublin 

🌳 New enforcement powers for councils to build on Government's long-term plan for housing take effect.. 🌳 A series of measures have come into force from 25th April 2024. The measures include: 🏢 Increasing enforcement limits from four to 10 years so councils have more time to stop developments without planning approval. 🏢 Introducing unlimited fines against developers who fail to comply with planning permission or refusing to deal with rundown properties and overgrown fields. 🏢 Doubling the length of temporary stop notices to 56 days to suspend all works if a council suspects building has gone ahead despite permission has not been granted. 🏢 Strengthening the Planning Inspectorate to dismiss appeals against developers trying to delay the process, including the refusal of site visits and access. #planning #newhomes #newbuild #development #masterplanning #urbandesign

A positive move by Government to the procedural aspects of bringing housing to market following receipt of a recent SEARs. The NSW Department of Planning, Housing and Infrastructure Secretary's Environmental Assessment Requirements (SEARs) for in-fill affordable housing, build-to-rent and seniors housing State Significant Developments (SSD) have been simplified to reflect the newly implemented residential developments under the Housing Delivery Authority (HDA) The new SEARs provide the opportunity to reduce the mandatory reporting for SSD - noting a large number of previously mandated reporting as "if required" as well as the removal altogether of some previously required reports. These reforms should provide a far more streamlined reporting and assessment process for these forms of development. #seniorshousing #affordablehousing #buildtorent

The 1.5m home question - does the government's planning reform programme add up? Ministers unleashed a barrage of planning reforms in the dying days of 2024. But can these policies give the housing sector the boost it needs to get anywhere close to the government’s ambitious housebuilding target? Great deep dive here from Joey Gardiner for Building Magazine. Featuring insights from Marie Chadwick National Housing Federation Neil Jefferson Home Builders Federation Zack Simons Landmark Chambers Paul Smith The Strategic Land Group Philip Barnes Barratt Redrow Catriona Riddell Paul Campbell #housing #construction #planning 👉 https://lnkd.in/e4SiUkqq

𝗛𝗼𝘂𝘀𝗶𝗻𝗴 𝗮𝗽𝗽𝗲𝗮𝗹 𝗮𝗹𝗹𝗼𝘄𝗲𝗱 𝗶𝗻 𝗛𝗲𝗿𝘁𝗳𝗼𝗿𝗱𝘀𝗵𝗶𝗿𝗲 𝗚𝗿𝗲𝗲𝗻 𝗕𝗲𝗹𝘁 After an inquiry earlier this month, a Planning Inspector has allowed an appeal and granted planning permission for up to 220 homes, of which 50% will be affordable, on a greenfield Green Belt site on the edge of Borehamwood in Hertsmere. The site is a draft allocation in the Council’s emerging plan. The Inspector concluded that the Council's housing land supply, at 1.39 years, is very substantial. He attributed very substantial weight to the delivery of both market and affordable homes (along with significant weight to custom and self-build homes), and substantial weight to the benefits of delivery custom and self-build plots. Overall, he decided that the scheme's benefits clearly outweigh its harms so as to demonstrate very special circumstances. Zack Simons and Isabella Buono acted for the appellant, Barrat David Wilson homes. For more information, including how to access the decision, please follow the link - https://bit.ly/4i5jIGS