Planning Update: Listed buildings and conservation areas

Shoosmiths LLP | Property Law Journal | July/August 2014 #323
There is a strong presumption against the grant of permission in cases where listed buildings or conservation areas are affected by proposals. Kirsten Hewson examines planning policy and case law ‘For substantial harm to be regarded as “necessary”, developers must show that the proposed development carries with it an exceptional degree of justification, and must …

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Planning Case Study: The primacy of the development plan

Pinsent Masons | Property Law Journal | April 2013 #308
A recent case concerning wind farms has highlighted the importance of decision makers giving sufficient weight to the development plan, as Jennifer Holgate finds out Mackie J found that the inspector did not accord the development plan the priority required by law. The inspector did not mention the priority ‘due to the plan’ or express …

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Planning Permission: Unnecessary undertakings

Shepherd and Wedderburn LLP | Property Law Journal | April 2011 #267
Victoria Leam considers the issues surrounding a case where a developer’s unilateral undertaking remained enforceable despite a finding that it was unnecessary ‘These days, even when there is little dispute with the council, undertakings are routinely prepared and submitted for ease and speed or in the hope that an inspector will allow the appeal, taking …

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