Planning permission: An end to ‘drop in’?

Victoria Tague and Nicola Gooch consider the implications of a recent Supreme Court judgment relating to subsequent permissions on a development with a pre-existing planning permission, including what this means for CIL The Supreme Court’s solution to the need to vary large multi-unit consents is to require a replacement application, covering the whole site, setting …
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Planning and the public sector equality duty: A timely reminder

Tracy Lovejoy considers the public sector equality duty and its impact on planning decisions in the context of recent case law A failure by a local public authority to comply with its PSED is a legal error and the resulting planning decision can be judicially reviewed. As with many public functions, there is no private …
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Farm diversification projects: Diddly Squat Farm in the headlines

Following the recent refusal of planning permission for the conversion of a lambing shed into a café and restaurant on Jeremy Clarkson’s farm, Tracy Lovejoy considers the planning context to the decision The officer was of the opinion in this application that the proposal to convert the shed into a restaurant/café fell outside of the …
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Planning – CIL: My, what big teeth you have!

Nicola Gooch investigates a High Court decision which invalidated a CIL liability notice issued two years and six months after the grant of planning permission The council could not rely on later provisions in the CIL Regulations to amend or replace the liability notice, as these all required a valid liability notice to have been …
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Case study: A salutary lesson

The recent case of Fishbourne v Stephens demonstrates that conditional option agreements, while a useful development tool, can cause a whole raft of issues if poorly drafted. Julian Greenhill QC, Danny Revitt and George Cohen consider its implications The Court of Appeal concluded that an interpretation that enabled the option-holder to trigger the option with …
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