What's new?

Spring/summer 2021

Heritage issues

  • This section has been been updated throughout to reflect the most recent National Planning Policy Framework (NPPF).
  • Word Heritage Sites has been updated regarding recent changes to UK listings (including the removal of Liverpool and the addition of the slate landscape of North Wales). The Town and Country Planning (Consultation) (England) Direction 2021 is also explained. 
  • A new page has also been added, Historic statues, plaques, memorials or monuments.
  • The FAQ on recent changes has also been updated.

Making a planning application

Permitted development categorisations now discusses the December 2020 consultation on new permitted rights to support housing delivery and public service infrastructure, which proposed to introduce a new permitted development right for change of use from a commercial business and service use (Class E) to residential, subject to prior approval, in order to create new homes.

Limitations to permitted development rights now details the legislative changes that will be introduced regarding the removal of historic statues, plaques and other monuments.

Case law has been updated with two new cases:

  • Finney v Welsh Ministers [2019] EWCA Civ 1868: this case confirms that section 73 permissions cannot alter the description of development.
  • Hillside Parks Limited v Snowdonia National Park Authority [2020] EWCA Civ 1440. This case cited the need for public and future purchasers to be clear under which permission a property had been/was being developed, not least because permissions run with the land.

Mediation for planning

This section has been updated throughout, and new pages have been added:

  • Assessing viability in planning under the NPPF 2019 for England: this page discusses the key points of the new RICS guidance note Assessing viability in planning [AVIP] under the National Planning Policy Framework 2019 for England
  • Government consultations 2020: this page discusses two consultations on proposed changes to the planning system in England: Changes to the current planning system, which sets out short-term measures to enable the prime minister’s ‘build, build, build’ mantra, and the Planning for the future white paper, which sets out longer term reforms requiring primary legislation.
  • Land at Warburton Lane, Trafford: appeal decision: this appeal provides more context for the approach to BLV and particularly the premium. Key points arising from this recent decision are discussed.

Planning bulletin

The isurv Planning Editorial Board have updated this section. Spring/summer 2021 provides all the latest planning news, including:

  • the most recent HS2 developments 
  • the Curzon case: this keenly awaited decision was recently handed down in the Court of Appeal (Secretary of State for Transport v Curzon Park Ltd and others [2021] EWCA Civ 651)
  • planning reforms: in August 2020, the government published its Planning for the Future white paper and
  • the Queen’s speech: in May 2021, it was announced that a Planning Bill would be brought forward by the government.