Welcome to the Planning, Environment and Property Newsletter – June 2016
The pace of planning law reform continues apace. This week just as the new Housing and Planning Act 2016 was signed into law, the Government announced plans for another planning act in the new Queen’s Speech to strengthen the neighbourhood planning regime. The courts meanwhile strive to keep up. This month’s edition of the 39 Essex Chambers Newsletter examines several of the most topical issues.
The Court of Appeal handed down its much-awaited judgment in West Berkshire DC v SSCLG this month. It is a wide-ranging decision of significant political, as well as legal, importance. John Pugh-Smith takes an extended look at some of the most important issues to emerge from the judgment, in particular asking whether it has opened a can of worms rather than produced a neat resolution to the tensions between national and local policy.
Richard Harwood QC, with his usual keen insight into developments, considers the messy state of the law on planning conditions. In a constructive article, Richard presents a compelling case for the introduction of some welcome simplicity into this area, where for too long unhappy appellants have been forced into inappropriate appeal procedures.
Finally this month, Ned Helme and Victoria Hutton each discuss the latest in a long series of judicial pronouncements on the interpretation and application of national Green Belt Policy. Ned explores the impact of Turner v SSCLG, while Victoria considers R (Lee Valley) v Epping Forest DC. The pieces complement each other and help to make further sense of an always controversial area.
We hope that you enjoy the read!