Have We Got Planning News For You HWGPNFY

Our Special Guest this week is Simon Berkeley BA MA MRTPI, Head of Local Plans, at the Planning Inspectorate.


Latest News Update on planning related matters.


Decision of the Secretary of State for Transport dated 16th May 2024 granting a modified DCO following an application made by National Highways for the Proposed M3 Junction 9 under section 37 of the Planning Act 2008 following the recommendation of the Examining Authority.


Decision of an inspector dated 15th May 2024 allowing an appeal made by Wates Developments against the decision of Cherwell DC to refuse to grant outline permission for up to 147 homes, POS, playing field and sports pitches on an unallocated green field site land on the southern edge of Chesterton some 5 km from Bicester.


Decision of an inspector dated 16th May 2024 dismissing an appeal by Bellway Homes Ltd (North East) against the decision of Durham County Council for the development of 148 homes on a greenfield site immediately outside the settlement boundary of Great Lumley, agreed not to be of a valued landscape but in a location judged not to be sustainable by the inspector.

Our special guest this week is Simon Wicks, Deputy Editor of the Planner, the official member magazine of the Royal Town Planning Institute.

Latest News Update on planning related matters.


Decision of the High Court dated 3rd May 2024 in Friends of the Earth et al v Secretary of State for Energy Security & Net Zero [2024] EWHC 995 (Admin) concerning a challenge to the Secretary of State’s Carbon Budget Delivery Plan laid before Parliament under s14 of the Climate Change Act 2008, pursuant to the order made by Holgate J in R (Friends of the Earth v Secretary of State for Energy Security & Net Zero [2023] 1 WLR 225.


Decision of the Court of Appeal dated 2nd May 2024, in Secretary of State for LUH&C v Caldwell & Timberstore Ltd [2024] EWCA Civ 467 dismissing an appeal from the decision of Lieven J [2023] EWHC 2053 (Admin) quashing an inspector’s decision, dated 14 February 2023, to dismiss an appeal under section 174 of the TCPA 1990 and to uphold an enforcement notice alleging a breach of planning control requiring the cessation of residential use and demolition of a bungalow known as “The Goose House”. Misapplication of the Murfitt.


Decisions of an inspector dated 3rd May 2024 allowing Burlington Property Group’s appeals against the refusal by Three Rivers DC, of outline planning applications for A) up to 83 new homes, a new surgery & access & B) 9 homes & access in the Green Belt.

Shelly Rouse is a Principal Consultant with the Planning Advisory Service with a passion for delivering support to local authorities and helping drive public sector improvement with housing delivery and land supply as her specialities.

Latest News Update on planning related matters.


Decision of the High Court dated 5th April 2024 in R (Low Carbon Solar Park 6 Limited) v Secretary of State for LUH&C & Uttlesford DC dismissing a challenge to an inspector’s decision, under section 76D of the TCPA 1990, refusing an application for the construction and operation of a solar park at Pelham, Manuden. The challenge alleged procedural unfairness.




Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 8th April 2024, in accordance with the inspector’s recommendation, dismissing a recovered written rep appeal by Aveneco Ltd, against Buckingham Council’s refusal to grant permission for an energy park with high-capacity battery storage, 416 bedroom hotel, two office units, biogas waste digester energy unit incorporating alternative and emerging transport solution & an advanced educational facility at End Road, Dorney, Slough. The proposal was judged to be inappropriate development in the Green Belt & raised issues around impact on openness, flood risk, heritage assets, highways.




Decision of the Minister for Housing & Homelessness on behalf of the Secretary of State, dated 22nd March 2024, in accordance with the inspector’s recommendation, to allow two appeals seeking outline planning permission : Appeal A for a residentially led mixed use schemes of up to 391 homes and Appeal B for up to 330 discounted affordable homes for key workers, including military personnel, against the refusals of St Albans & City District Council on land at Chiswell Green, St Albans in the Green Belt.

Our Special Guest this week is Dr Chris Miele, Partner at Montagu Evans LLP.

Latest News Update on planning related matters.


Decision of a Planning Inspector dated 13th March 2024 to allow an appeal by Abri Group Ltd against the refusal by Woking Borough Council to grant planning permission for the demolition of existing buildings & the erection of a 25-storey building comprising 224 dwellings & ground floor commercial floorspace, in Woking town centre.


Decision of the Minister of State for Local Government, on behalf of the Secretary of State, dated 13 March 2024 dismissing a recovered appeal against the decision of West Northamptonshire Council to refuse an application by Annesco Ltd, for a temporary Solar Farm of up to 49.72MWcontrary to the inspector’s recommendation.


Decision of the Minister for Housing & Homelessness, on behalf of the Secretary of State, dated 15th March 2024, allowing an appeal by Redrow Homes Ltd against Dacorum Borough Council’s refusal to grant permission for a hybrid application for the development at Tring of up to 1400 homes including 140 x C2 dwellings, local centre, sports hub, primary & secondary schools, SANG & POS in the Green Belt against a background of a 1.2 yr HLS amounting to 6,108 dwellings.

Our Special Guest this week is Chris Webber, Group Planning Manager at Barratt Developments PLC.


Latest News Update on planning related matters.


Decision of the High Court in Marks & Spencer PLC v SOSLUH&C & others [2024] EWHC 452 allowing a s288 challenge & quashing the SoS’s dismissal of M&S s78 appeal for the construction of a 9-storey new mixed office & retail store at the western end of Oxford Street.


Decision of the High Court in R (oao Galloway) v Durham County Council & Lightsource SPV 215 Limited [2024] EWHC 367 allowing a JR & quashing the grant of a planning permission for an excessive number of solar panels thus able to generate a capacity of 50MW or more which could not be rescued by subsequent NMA to that application.


Decision of a Planning Inspector dated 29th February 2024 to allow an appeal by Taylor Wimpey (UK) Ltd against the non-determination by Charnwood Borough Council to grant outline planning permission for up to 195 dwellings on a site outside the development limits of Syston which formed part of a proposed strategic allocation in the Pre-Submission Draft of the emerging Local Plan, currently at examination.

Our Special Guest this week is Lindsey Richards, President of the Royal Town Planning Institute for 2024.


Latest News Update on planning related matters.


Decision of the High Court in Mead Realisations Ltd v SOSLUH&C & Redrow Homes Ltd V SOSLUH&C [2024] EWHC 279 dismissing two separate s288 claims challenging the dismissals of s78 housing appeals in Weston Super Mare (in FZ3) & Bushey (largely in Fz1 but also Fz2&3 plus 10% affected by reservoir flood risk) where neither LPA had a 5 yr HLS but where both appeals were judged to have failed compliance with the sequential test under NPPF 162 & PPG paragraph 028.


Decision of a Planning Inspector dated 15th February 2024 dismissing an appeal by Elysian Loughton Site Ltd against the refusal of Epping Forest District Council to grant planning permission for the demolition of three homes and the erection of linked apartment blocks to form elderly persons apartments integrated C2 care facilities issues regarding the bulk, massing & height, effect on living conditions of existing neighbour & future occupiers & a viability review mechanism.


Decision of a Planning Inspector dated 14th February 2024 to allow an appeal by Gadman Developments Ltd against the refusal of Somerset Council to grant outline planning permission for up to 100 dwellings on part of a larger green field, outside the settlement boundary for Creech St Michael. Issues around the effect of the proposal on the character & appearance of the area & neighbouring residential properties, HLS & whether a tilted balance applies or not.