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Chichester DC ("the Council") challenged by statutory review under the Town and Country Planning Act 1990 ("TCPA 1990") s.288 the decision of an inspector, appointed by the Secretary of State, to allow an appeal by Beechcroft Ltd ...
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Chichester DC ("the Council") challenged by statutory review under the Town and Country Planning Act 1990 ("TCPA 1990") s.288 the decision of an inspector, appointed by the Secretary of State, to allow an appeal by Beechcroft Ltd against the Council's decision to refuse its application for planning permission for up to 34 dwellings and related development of land at Breach Avenue, Southbourne ("the proposed development"). There was in effect a neighbourhood plan, the Southbourne Parish Neighbourhood Plan 2014-2019 ("theNP") for the Southbourne area. There was also a Local Plan of the Council's for 2014-2019 ("the LP"). The NP identified new sites for housing in the Southbourne area based upon the indicative number of houses allocated to Southbourne in the LP. The relevant policies in the NP were Policies 1 and 2. Policy 1 set out the settlement boundaries for development in the area and stated that the NP would support development proposals located inside the settlement boundaries. Policy 2 provided a detailed allocation of four sites and set out, in respect of each site, a list of requirements which any proposed development would have to meet.
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On April 6, 2012, the neighbourhood planning provisions enacted in the Localism Act 2011 came into force in England, via amendments to the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004. In th...
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On April 6, 2012, the neighbourhood planning provisions enacted in the Localism Act 2011 came into force in England, via amendments to the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004. In the case of a non-parished area, a "neighbourhood forum" comprising of local residents may proceed to promote planning policies which, after independent examination and referendum, may comprise a neighbourhood plan. A neighbourhood forum is a group of local residents authorised to act by the local planning authority in relation to a "neighbourhood area". Section 61G(5)(c) of the 1990 Act provides out that a "neighbourhood area" is an area which the local planning authority considers "appropriate". The Act provides no further guidance on the exercise of the local planning authority's discretion under this section. This article shall seek to demonstrate the discretion is to be exercised in favour the plan-led paradigm rather than mere rationality, but that the importance of the statutory plan emerges, gaining significance through the neighbourhood planning process.
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Housing and planning minister Brandon Lewis has told Parliament that the Government intends permission in principle ("PiP") for the development of certain land to be limited to "housing-led development". That clarification came du...
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Housing and planning minister Brandon Lewis has told Parliament that the Government intends permission in principle ("PiP") for the development of certain land to be limited to "housing-led development". That clarification came during exchanges during the committee stage of the housing and planning bill. The legislation allows the Communities Secretary to make regulations granting PiP for the development of land allocated in "a qualifying document". This covers local plans, neighbourhood plans and the new statutory registers of brownfield land. In committee last week the minister stressed that development must be housing-led in order to qualify for PiP. But he also made it clear that secondary legislation yet to be introduced by the Government would allow for mixed-uses to be included in housing-led developments.
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The decision in R. (on the application of Gladman Developments Ltd) v Aylesbury Vale DC decided on December 18, 2014 by Lewis J has determined that a neighbour plan can include policies relating to a settlement boundary or the all...
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The decision in R. (on the application of Gladman Developments Ltd) v Aylesbury Vale DC decided on December 18, 2014 by Lewis J has determined that a neighbour plan can include policies relating to a settlement boundary or the allocation of sites for housing at a time when the local planning authority had not yet adopted a development plan document containing strategic policies for meeting the objectively assessed housing needs of the district.
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On 11 June 2021, the defendant granted outline planning permission in respect of the first interested party's application for demolition of an equestrian worker's dwelling, stables and horse walker and change of use of equestrian ...
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On 11 June 2021, the defendant granted outline planning permission in respect of the first interested party's application for demolition of an equestrian worker's dwelling, stables and horse walker and change of use of equestrian land to provide up to 205 C3 dwellings (including 35% affordable provision), access, landscaping and other associated infrastructure at Hesmonds Stud, Waldron Road, East Hoathly, East Sussex. The claimant, a residential association set up to protect the parish of East Hoathly and Halland from over-development and their historic character and ambience, objected to the planning application. The claimant applied for judicial review of the decision to grant planning permission on two grounds. The first ground was that on a proper interpretation of the development plan policies there was a policy requirement for a mix of size and type of market homes which played no part in the officers' report and was completely overlooked in the decision-making process, and thus the decision was unlawful since the defendant failed to discharge its statutory duties under the Town and Country Planning Act 1990 (the 1990 Act) s.70(2) and the Planning and Compulsory Purchase Act 2004 s.38(6).
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Last year I suggested that the Court of Appeal's decision had opened the door for the deployment of local circumstances as justification not to apply the seemingly absolute national policy see. A number of decisions of the Plannin...
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Last year I suggested that the Court of Appeal's decision had opened the door for the deployment of local circumstances as justification not to apply the seemingly absolute national policy see. A number of decisions of the Planning Inspectorate, though none yet of the Secretary of State, have indeed decided not to apply the policy within the PPG and required contributions for schemes of 10 or fewer units.
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This Order amends the Town and Country Planning (General Development Procedure) Order 1995 (GDPO) and is consequential on s.188 of the Planning Act 2008, which removes the stipulation that local development orders (LDOs) must be b...
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This Order amends the Town and Country Planning (General Development Procedure) Order 1995 (GDPO) and is consequential on s.188 of the Planning Act 2008, which removes the stipulation that local development orders (LDOs) must be based on local development plan policies. It seems that that one of the reasons LPAs have so far not made LDOs was the requirement that LDOs must be based on local development plan policies.
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The claimant local authority sought an order quashing a planning inspector's decision to allow an appeal by the second defendant developer against the refusal of planning permission for up to 46 residential units and associated ac...
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The claimant local authority sought an order quashing a planning inspector's decision to allow an appeal by the second defendant developer against the refusal of planning permission for up to 46 residential units and associated access. The local authority had refused planning permission because it considered that the proposed development, which was within the rural surrounds of Horley and Gatwick Airport Open Setting Designations, would have a serious and harmful impact on the openness of the area. It had concluded that the development would be contrary to policies CS6 and CS13 of the Core Strategy 2014, which prioritised development in urban areas. However, a planning inspector allowed the developer's appeal and granted planning permission. He found that the proposed development was sustainable and would not cause material harm. He stated that the adopted Core Strategy provided for a five-year supply of housing land, but that environmental and other constraints meant that it was not possible to meet the full objectively assessed need. The proposal would reduce the housing shortfall, and although the Core Strategy had a clear "urban area first" housing strategy, the development would not significantly prejudice that strategy as it only comprised 45 dwellings.
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The number of countries with a national development plan has more than doubled, from about 62 in 2006 to 134 in 2018. More than 80 per cent of the global population now lives in a country with a national development plan of one fo...
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The number of countries with a national development plan has more than doubled, from about 62 in 2006 to 134 in 2018. More than 80 per cent of the global population now lives in a country with a national development plan of one form or another. This is a stunning recovery of a practice that had been discredited in the 1980s and 1990s as a relic of directed economies and state-led development. Several factors have fostered this re-emergence but from about 2015 the momentum for producing plans has accelerated, driven in part by a need to plan for the Sustainable Development Goals (SDGs). Based on an analysis of 107 national development plans, and drawing insights from 10 case study countries, this paper analyses 'new' national development planning and identifies the types and content of the plans, and their implications for the sustainable development agenda. The paper generates a typology of the new national plans, analyses their characteristics and explores the ways in which the new national development planning and the SDGs may interact. The study finds greater ownership and political control of the processes leading to plan production. It also finds that the plans vary in terms of the evidence used, the degree of internal consistency between different parts of the same plan, the process of developing the plan (inclusive or elite-driven), and the extent to which they are clear on how they will be financed. In contrast to 20th-century national development plans the new-generation plans are often underpinned by theories of collaborative rationality rather than by linear rationality. This new generation of national plans has been neglected by academic researchers and merits much greater examination, especially to understand the ways in which their implementation can enhance the achievement of the SDGs. (C) 2019 The Authors. Published by Elsevier Ltd. This is an open access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/).
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1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Andrew L Seaman BA (Hons) MA MRTPI, who held a public inquiry into your client's appeal against the failure of Dar...
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1. I am directed by the Secretary of State to say that consideration has been given to the report of the Inspector, Andrew L Seaman BA (Hons) MA MRTPI, who held a public inquiry into your client's appeal against the failure of Dartford BC (the council) to give notice within the prescribed period of a decision on the application for the demolition of existing buildings and the erection of 49 dwellings comprising 41 No. two-bedroom and 8 No. one-bedroom flats with underground car parking, motorcycle and cycle parking, access road and associated landscape and amenity areas in accordance with application Ref DA/07/00977/OUT dated September 21, 2007. The inquiry was held on November 11-13, 2008, and closed in writing on November 27, 2008.
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