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Hosted by No5 Chambers and guests provide expert commentary on planning & environmental law; planning appeals; judicial review; local authorities; and the housing and development issues facing England and Wales.
57 Episodes
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Following the much-anticipated hand-down by the Supreme Court of judgment in CG Fry v SSHCLG [2025] UKSC 35, Daniel Henderson is joined by James Corbet Burcher and Chatura Saravanan to unpack the Court’s analysis of the two main issues, and the legal, policy, and practical implications going forward.
Daniel Henderson is joined by pupil barrister in the No5 Planning and Environmental Group, Chatura Saravanan, to discuss a number of recent appeal decisions concerning residential schemes, and to identify key takeaways. Also, we have includes the links to some of the appeals discussed. Character and appearance and PDL Land at 1-5 Hillside, Portsmouth Road - APP/K3605/W/24/3350737 Link to appeal decision: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3350737 VSC with...
In light of recent legislative changes and policy announcements, we are at something of a hinge-point as to a vital question in planning practice – what is national policy, how is it organised, and what is its effect? In this episode, Daniel Henderson and James Corbet Burcher discuss the recent Court of Appeal judgment in Mead Realisations v SSHCLG [2025] EWCA Civ 32, put it into some context, and seek to explore what its effect might be in future months, following LURA and recent policy chan...
In the second of a two-part series, Daniel Henderson, James Corbet Burcher, and Sioned Davies discuss the basics of ‘how to do a hearing’, this time from the perspective of a Local Planning Authority.
Given the policy framework in which we now find ourselves in 2025, it is inevitable that practitioners are going to see a significant uptick in appeal work in the coming months. Many of those appeals are going to be listed by PINS as hearings. For newcomers as well as those who are familiar with the format, hearings can be mysterious and procedurally difficult. To that end, in this episode, Daniel Henderson, James Corbet Burcher, and Sioned Davies present a basic discussion on ‘how to do hear...
After months of anticipation, the new NPPF is finally here, heralding what the Deputy Prime Minister has called a “landmark overhaul” to “shake-up a broken planning system”. In this episode, Daniel Henderson is joined by Peter Goatley KC, Christian Hawley, and Sioned Davies to pick over some of the most important reforms, and assess their potential impact for developers and local authorities alike.
Felling trees is frequently an essential element of promoting a site, but the law around felling is complex, and changing fast. Proceeding with felling without understanding these complexities, whether in the early stages of preparing a site or in order to make way for the development itself, can result in serious enforcement consequences that have the potential to scupper a proposal altogether. In this episode, Scott Stemp, Daniel Henderson, and Jessica Allen discuss the law around felling l...
Effective enforcement is key to ensuring a functional planning system, but the legal provisions can be complex. Recent statutory changes have modified long-standing rules around enforcement time limits and other key enforcement functions while, in May 2024, the Court of Appeal handed down judgment in the case of Caldwell, providing guidance on the application of the Murfitt principle. Anna Stein and Daniel Henderson discuss the various changes, and consider the impact that they will have on t...
Finch is a Supreme Court judgment which has been long awaited. It deals with the effects of development which are ’downstream’. Many practitioners want to know how their schemes might, or might not, be affected by the need to assess green house gas emissions which arise within ’Scope 3’. With Odette Chalaby and Sioned Davies, The Planning Podcast scopes out some of impacts of the judgment.
You have seen the posts about the Green Belt Summit, but you want a bit more of the inside track on this event? Well, the Planning Podcast can help with this trailer. To secure a place, book here. https://www.no5.com/2024/05/greenbelt-summit/> And here is the link to Fields in Trust. https://fieldsintrust.org/>
In the third of a trio of ‘how did we get here?’ podcasts, Daniel Henderson, planning and environmental barrister at No 5 Chambers, maps out the costs regime for High Court challenges to planning and environmental decisions. It has a history, and if you don’t get where is came from you will not fully understand your position in a case where costs protection is in place. There is a note here.
In the second of a trio of ‘how did we get here?’ podcasts, the Planning Podcast assists listeners with habitats issues. If you were not ‘in planning’ when Dilly Lane was a hot topic or you want to know why the Ashdown Forest seems to be in so many cases, then Jess Allen, planning and environmental barrister at No5 Chambers will explain. There is a note here.
In the first of a trio of ‘how did we get here?’ podcasts, Daniel Henderson, planning and environmental barrister at No 5 Chambers, maps out the key stages in policy change, case law and legislative action which changed the way that we plan development, starting with the advent of localism.
"But it's in the wrong place" is a six-word summary from the Inspector’s lengthy consideration of the evidence in an inquiry into a 350 unit, mixed use scheme in South Oxfordshire. James Corbet Burcher joins Richard Kimblin KC to explain the context and the learning from this Secretary of State decision, upholding confidence in neighbourhood planning despite weighty scheme benefits.
Whether you are an infrastructure developer, an infrastructure provider, a promoter or decision-maker for EIA built development, how do you decide what needs to be assessed, and how? Three recent cases illustrate the problems and provide strong guidance on what needs to be done to arrive at a lawful conclusion. Odette Chalaby explains.
The Planning Podcast takes a summer diversion from planning and environmental law to the professions we work with and practical routes into them. Danielle Dawson (Product Development Manager at Aggregate Industries) and Lisa Newland (Central Bedfordshire’s Academy and Enabling Team Planning Manager) give a view from the inside of apprenticeships. Both are positive, inspiring guests who show us an exciting route out of recruitment drought.
The Labour Party has mooted the idea of compulsory purchase of land for housing by local authorities and amendment of the rules on compensation. It is a complex area. It raises at least these questions: what is the problem which is being targeted; what drives land value and where are they different; how would the proposal affect new settlements, if at all; are there existing mechanisms to achieve the same end; how would land-owner behaviour change; are the CPO a...
Potential effects on a European Site/Habitats Regulations/Appropriate Assessment. Does reserved matters approval/discharge of conditions require AA, potentially halting a development? The latest chapter on nutrient neutrality/eutrophication: the case of CG Fry. This is an impromptu Planning Podcast with Christian Hawley and Richard Kimblin KC giving the context and result of this High Court judgment.
In this episode we take a thematic tour through recent cases on decision-taking in planning. It a tour de force from Hugh Richards and Howard Leithead, compressing case after case into 25 minutes of learning - with notes!
NDMPs – national policy and its impact on planning decisions In this Planning Podcast, James Corbet Burcher helps us with the content, rationale and benefits of national development management policies. In turn, they have an impact on planner’s favourite statutory provision. And this Planning Podcast comes with notes!
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