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The Planning, Environment & Property Podcast

The Planning, Environment & Property Podcast is brought to you by the members of the 39 Essex Chambers.

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Episodes

Latest

Contested Heritage #5: Barts Heritage

The restoration of the Great Hall and Hogarth Staircase at St Bartholomew’s Hospital in the City of London is one of the most exciting conservation projects presently underway. Richard Harwood KC and Clarissa Levi talk to Will Palin, Chief Executive ... Read more  

Contested Heritage #4: Curating our heritage

The Acceptance in Lieu scheme allows Inheritance Tax to be paid with art. Richard Harwood KC and Clarissa Levi talk to Professor Frances Fowle of the University of Edinburgh and Scottish National Galleries. They discuss an important collection of pai... Read more  

Hot Topics Episode 5: Going Nuclear - An Overview of Nuclear Law with Stephen Tromans KC

In this episode Tora Hutton and and Stephen Tromans KC discuss ‘Nuclear Law’. The discussion starts with the existential question of whether Nuclear Law exists. Happily, they decide it does and go on to discuss the ins and outs of this technical area... Read more  

Hot Topics Episode 4: How should Greenhouse Gas Emissions be Cumulatively Assessed?

In this episode Tora Hutton and Rose Grogan discuss the Court of Appeal’s decision in R(oao Boswell) v Secretary of State for Transport [2024] EWCA CIv 145 which considered the lawfulness of the Secretary of State’s approach to the cumulative assessm... Read more  

Contested Heritage #3: The Heritage Industry - Heaven or Hell?

How heritage consultants help, retro-fitting and the three characteristics of Gothic architecture. Richard Harwood KC and Clarissa Levi chat to Dr Emma Wells, Head of Historic Buildings at SLR Consulting about big issues in heritage advice and compet... Read more  

Contested Heritage #2: The British Country House Revival

Most of Britain’s heritage is cared for by private owners. Richard Harwood KC and Clarissa Levi talk to Ben Cowell OBE, the Director General of Historic Houses. They discuss the threats to country houses and their safeguarding over the last 50 years,... Read more  

Contested Heritage #1: Introduction

In this new podcast subseries 'Contested Heritage', presented to you by Richard Harwood KC of 39 Essex Chambers and Clarissa Levi of BHL Art Group discuss challenges and successes in the heritage and art world with guests from across the sector. For ... Read more  

Hot Topics Episode 3: Housing for key workers, is this the new affordable housing model?

Tora Hutton is joined by Paul Stinchcombe KC and Ian Parker of McPartland Planning to discuss their recent success in promoting an appeal scheme for affordable housing for key workers in the Green Belt. They consider whether this approach is likely t... Read more  

Hot Topics Episode 2: Is there now momentum in favour of housing appeals in the green belt being allowed? - A St Albans case study

Tora Hutton is joined by Paul Stinchcombe KC of 39 Essex Chambers to discuss whether recent appeal decisions mean that there is now momentum in favour of grants of planning permission for residential development in the Green Belt. They look at St Alb... Read more  

Hot Topics in Planning and Environmental Law - Episode 1: Introduction

Authors:
In this podcast subseries Tora Hutton interviews fellow members of 39 Essex Chambers and special guests on hot topics in the planning and environmental space. Each episode will focus on a discrete subject. Whether the focus is an important judgment, ... Read more  

Lobbying Councillors: Writing to the Committee

In the second in his short series on lobbying councillors, Richard Harwood QC looks at how, when and what to write when making representations to councillors. Read more  

Planning and the way out of Lockdown for Hospitality

What can cafes, restaurants, pubs and attractions do to increase trade outdoors as lockdown eases? More space? Marquees? Richard Harwood QC looks at the planning and pavement licensing rules that apply. Read more  

When Fixation Becomes Legal Irrationality

Authors:
In this episode John Pugh-Smith looks at the circumstances in which this ground  of challenge was upheld by Mrs Justice Lang in  R(United Trade Action Group) v Transport for London and Mayor of London [2021] EWHC 72 (Admin) and by Mr Justice Holgate ... Read more  

EqIAs: Ignore their significance at your peril

Authors:
In this episode, John Pugh-Smith looks at Equalities Impact Assessments (EqIAs) in the context of planning and traffic schemes, highlighted  by the recent High Court success of the London Taxi Drivers in their challenge to the Mayor's Streetspace pla... Read more  

Lessons To Be Learned From "That" Parish Council Meeting

Authors:
In this episode, John Pugh-Smith discusses the procedural issues surrounding Handforth's Parish Council's infamous Zoom meeting. Read more  

Pension Schemes and Climate Change – a discussion of the new changes

In this episode, Katherine Apps and Gethin Thomas discuss the Pensions Schemes Bill 2019, passed through Parliament on 19 January 2019, which create regulation making powers to impose governance and information publication duties on pension schemes i... Read more  

Can you lobby councillors?

In the first of a short series on lobbying councillors, Richard Harwood QC looks at the Holborn Studios (No2) judgment and asks the fundamental question: is there a right to communicate directly with elected politicians? Read more  

Planning Court Reform

In this episode, Richard Harwood QC considers the four different ways of bringing proceedings in the Planning Court and asks whether four should become one. Read more  

That ADR Feeling

Authors:
In this episode John Pugh-Smith considers this topic in the context of the current round of consultation on changes to the Judicial Review: the Government commissioned Faulks' Independent Review of Administrative Law (which closed on 26th October) an... Read more  

Openness in a year of Lockdowns

Authors:
In this episode John Pugh-Smith reviews the Higher Courts cases on the correct approach to this Green Belt thorny issue, starting with the Supreme Court's judgment in R (Samuel Smith Old Brewery (Tadcaster) Ltd)  v North Yorkshire County Council [202... Read more  

That Technical Traps Submission - John Pugh-Smith

Authors:
In this episode John Pugh-Smith, wearing his hat as an arbitrator and neutral dispute resolver, discusses the significance of the recent case of Norfolk Homes Ltd v North Norfolk DC [2020] EWHC 2265 (QB) on the interpretation of Section 106 deeds and... Read more  

An Opportunity Not to Be Missed Again - John Pugh-Smith

Authors:
In this episode John Pugh-Smith FSA FCIArb, a leading mediator and promoter of the use of its facilitative techniques in the planning and compensation systems, discusses how it can be utilised not just to help the Government deliver the intentions be... Read more  

Cold War - with Richard Harwood KC

In this episode, Richard discusses the planning battle over a relic of the Cold War in Cambridge and asks what does it tell us about ourselves? Read more  

Controlling Demolition in Planning and the Save Britain's Heritage Lancaster Case - Richard Harwood OBE KC

In this podcast, Richard Harwood QC looks at how planning law finally took control over the demolition of buildings.  In 2009 the former Mitchell's Brewery site was the subject of an epic battle as SAVE Britain's Heritage fought to save it, challengi... Read more  

A short history of short cuts in the planning system

In this podcast, Richard Harwood QC looks at the numerous ways of obtaining planning consent without making a planning application to the local authority and asks, how far have development orders and zoning been used?   Read more