Planning, Environment and Property Newsletter – January 2023

Welcome to our New Year ‘Bumper’ edition of the Planning Environment and Property Newsletter.

 

We begin, Janus like, apt for this time of year, with two articles – one looking back on 20 years of PEP law at 39 from Stephen Tromans KC and David Sawtell and the other from John Pugh Smith on Hopes & Fears for the year ahead.

We then present a series of articles on recent cases from 2022 which have caught our attention:



James Burton discusses the Court of Appeal’s decision in Arnold White and why the planning regime does not trump the Forestry Act 1967;

Stephanie David provides insight into one of the first cases dealing with the OEP’s investigative powers – Wild Justice;

Jake Thorold then looks at the Court of Appeal’s judgment in Finch and when it may be relevant to assess the “indirect effects” of a proposed development within an EIA;

Celina Colquhoun picks up on Richard Harwood KC’s case of Reid which adds further clarity on s Section 73 and the impact of removal of planning conditions upon planning permissions following Finney;

Christopher Moss looks at Smith and the lawful scope of PINS’ usage of Appeal Planning Officers to assist inspectors in decision making;

Jon Darby discusses Manchester Ship Canal v SEFRA in which he and James Strachan KC successfully defended against a challenge to the first compulsory purchase order made under s155 of the Water Industry Act 1991;

and we end with the Supreme Court’s decision in DB Symmetry in which Richard Harwood KC again and Victoria Hutton acted dealing with the important distinction between imposing a condition as opposed to using a planning obligation to achieve in particular the dedication of land for a highway.

We hope this provides some food for thought and wish you all a happy, productive and prosperous 2023.





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