Urbanisme

eAlerts Récentes

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  04.09.2023

  United Kingdom

  Planning conditions vs permitted development rights relevant to changes within use classes

  SummaryThis Law-Now considers a recent case which addressed the circumstances in which the range of uses allowed by Class E could be limited by a planning condition which restricted the use of premises and removed permitted development rights.  In particular, the court considered whether such a condition needed to contain express wording to specifically remove the operation of the Town and Country Planning (Use Classes) Order 1987 (“UCO”).In Lazari Properties 2 Limited v Secretary of State for Levelling Up, Housing and Communities v. The London Borough of Camden ([2023] EWHC 2026...

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  07.08.2023

  United Kingdom

  Faster consents and clearer benefits: UK Government’s initiative for electricity infrastructure expansion

  The UK government has initiated an ambitious plan to expedite the construction of power lines across the country, with the goal of halving the current development timeline. The urgency of this initiative is underscored by calls for a fivefold increase in power lines over the next seven years. However, the plan is not without its challenges, including potential political opposition and concerns over landscape disruption.The Electricity Networks Commissioner (“ENC”) published a report on 4 August 2023 (available here) which proposes a comprehensive set of recommendations to expedite planning...

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  02.08.2023

  England and Wales

  Planning for all – call for evidence for the Older People’s Housing Taskforce

  The Older People's Housing Taskforce, a joint initiative of the Ministry of Housing, Communities and Local Government and the Department of Health and Social Care, has launched a call for evidence[1] to inform its work on improving housing options and outcomes for older people.The Older People’s Housing TaskforceThe government-appointed, independent Taskforce aims to examine the provision of greater choice, quality and security of housing for older people (excluding care homes), looking to increase and improve such supply and explore ways to unblock any current challenges to this objective.It...

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  24.07.2023

  United Kingdom

  CMS-led planning appeal emphasises important points around fear of crime as a planning consideration

  On 26 June 2023, a Planning Inspector allowed an important appeal made by Serco Ltd against the refusal of Stafford Borough Council (the “Council”) to grant a temporary planning permission for a change of use from student accommodation in Stafford to permit the occupation of asylum seekers. The decision emphasises important points around fear of crime as a material planning consideration.Background  Serco Ltd, represented at the appeal by CMS and Kings Chambers, had applied for planning permission in March 2022. The application was taken to the Council’s Planning Committee...

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  03.07.2023

  United Kingdom

  Habitat Regulations Assessments High Court Case – Implications for Planning

  On 30 June 2023, the High Court handed down an important decision concerning the interpretation and application of the EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna 1992 (the “Directive”) and the Habitats Regulations 2017 (the “Regulations”) in the context of the planning application process. The High Court found that the Inspector was correct in finding that a habitat regulations assessment (a “HRA”) could be required at the discharge of conditions stage of a planning application, despite one not being specifically...

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  13.06.2023

  United Kingdom

  Solar farms – Clarity for consenting

  The High Court has handed down an important decision concerning the definition of a ‘generating station’ within the Planning Act 2008 (‘the 2008 Act’) and the relationship between the consenting regimes governed by the 2008 Act and the Town and Country Planning Act 1990 (‘the 1990 Act’).The claim revolved around a planning application by (1) Lightsoure SPV 206 Limited and (2) Lightsource Development Services Limited (‘the Interested Parties’) at Sheraton Farm for a proposed solar farm with a generating capacity of 49.9MW together with planning applications...

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