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© 2024 The Planning Podcast
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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.
52 Episodes
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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 an...
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!
In this Planning Podcast, James Corbet Burcher helps us look ahead to plan making as envisaged in the Levelling Up etc Bill. What timescales do we need to have in mind when making strategic decisions? Which changes in content of local plans will have an impact? How is the electoral cycle affecting the measures? And this Planning Podcast comes with notes!
The Planning Podcast returns this new year for a very particular purpose and that is pupillage – the on the job training which is required for practice. It is a very hard position to secure and a testing and formative process for those who do obtain a pupillage. That application process opened last week, so lets talk about it.Planning and environmental law is not on the radar of every law student. So, the planning podcast has tried to help a little, with Anna Stein, a successful pupillage app...
In this episode of the Planning Podcast, we go on journey; a sustainable journey around the Duchy of Cornwall’s development at Nansledan, Newquay, in Cornwall. But our journey is an ambitious one – a journey around an urban extension which really is a new place – which is walkable – which creates an economy and establishes a community. We have two guides. Lord Matthew Taylor is a key thinker behind the garden settlement movement and the pruning and rationalisation which resulted in the ...
More climate change assessment – [2] Dissent in the High CourtIn this episode of the Planning Podcast, Richard Kimblin QC is joined by Will Rundle, Head of Legal at Friends of the Earth, to outline how, in the opinion of one judge in the High Court, an unreasonable assessment of climate effects can make a decision unlawful. Unusually, two judges sat to hear the case, brought by FoE. One of them found that assessment was irrational. We have a look at why that was so.
Environmental statements and climate change impact – [1] Dissent in the Court of AppealIn this episode of the Planning Podcast, Richard Kimblin QC is joined by Harj Narulla to help listeners get to grips with a tricky set of issues: what is an EIA project?; in what way do climate change effects have to be taken into account in an ES?; and what can lawfully be left out of account? The case of Finch helps with these questions and we are guided through that judgment, which was decided 2:1 – so, ...
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