Have We Got Planning News For You HWGPNFY

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.

Our Special Guest this week is Grant Butterworth, Head of Planning at Leicester City Council.




Latest News Update on planning related matters.


Decision of a Planning Inspector dated 23rd January 2024 dismissing an appeal by PA Investments Ltd & PD Developments (Essex) Ltd against the failure of Basildon Borough Council to determine an application for demolition of 2 houses and outline permission up to 150 dwellings & a 5 bed care home on a site at Billericay, virtually all in the Green Belt, which had been allocated in the local plan, submitted for examination but subsequently withdrawn. 1.85 yr HLS. Issues around adverse landscape and visual impacts, impacts on the dormouse population. VSC not found.


Decision of a Planning Inspector dated 26th January 2024 dismissing an appeal by Vistry Homes Ltd against the refusal of St Albans City & District Council to grant outline planning permission for up to 150 dwellings including AH & custom-build, on a greenfield site at Colney Heath within the Metropolitan Green Belt with emerging plan having undergone Reg 18 consultation. No 4 yr HLS. Issues around adverse landscape and visual impacts, flood risk, effects on heritage assets, accessibility, relevance of PDL & AQ. VSC not found.


Decision of a Planning Inspector dated 31st January 2024 dismissing an appeal by Wulff Asset Management Ltd against the refusal of Erewash Borough Council to grant outline planning permission for up to 196 dwellings on a greenfield site at Stanton By Dale, Derbyshire, in the context of a 2.65 yr HLS & an emerging local plan proposing to designate the land as Green Belt.

Our Special Guest this week is Andreas Markides, Chairman of Markides Associates & Author of Urban Myths.

Latest News Update on planning related matters.


Decision of the Court of Appeal in R (oaf Substation Action Save East Suffolk Ltd) v Secretary & State for Energy Security & Net Zero & others [2024] EWCA Civ 12 dismissing an appeal against the decision of the Lang J who had refused a claim for judicial review of two decisions by the first respondent to make development consent orders under section 114 of the Planning Act 2008 for two nationally significant infrastructure projects for onshore and offshore windfarms. The first ground of challenge relates to flood risk and the application of the sequential test, the second, to the decision on the cumulative impacts.


Decision of the High Court, Holgate J dated 17 January 2024 in R (oao Aysen Dennis) v London Borough of Southwark & Notting Hill Genesis [2023] EWHC 3210 (Admin) who granted an application for judicial review quashing the Council’s decision under section 96A to make a non-material amendment to an outline planning permission for the phased redevelopment & regeneration of the Aylesbury Estate on the grounds that the introduction of “severable” was material.


Decision of a Planning Inspector dated 17th January 2024 to dismiss an appeal by Templeview Developments Ltd against the refusal of Milton Keynes Council to grant full planning permission for the change of use of agricultural land to a linear park, new access road and stopping up and outline planning permission for 277 C2 extra care apartments, a 70 bed care home, 41 retirement bungalows & up to 196 C3 homes. Issues around effect on neighbouring properties including the agent of change principle, history, and living conditions of future residents.