header-logo header-logo

New planning regime fuels concerns

05 April 2012
Issue: 7509 / Categories: Legal News
printer mail-detail

Lawyers warn against government shake-up of planning policy

The government’s shake-up of planning policy could lead to delays and more appeals, planning lawyers have warned.

Last week, the government unveiled the National Planning Policy Framework (NPPF), which aims to simplify the planning process, put local not national government in charge of decisions, and introduces a presumption in favour of sustainable development.

Tim Johnson, real estate partner at DAC Beachcroft, says: “There are parts of the policy that are likely to cause delays through the need for appeals or judicial interpretation, particularly, for instance, the meaning of ‘limited degree of conflict with this Framework’ when considering what weight an adopted policy is to be given.Overall, the NPPF seeks to achieve a balance as it should; however, we continue to wonder whether it has resulted in policies that, in trying to satisfy all, will end up satisfying nobody.”

Jen Hawkins, solicitor, LexisPSL Environment, says: “The approach of the NPPF seems to be more of a ‘slash-and-burn’ than a ‘consolidation’ exercise. While environmental campaigners are more happy with the refined concept of ‘sustainable development’, which now refers to the five principles of the UK sustainable development strategy, tipping the balance between economic and environmental considerations inevitably renders it less ‘pro-growth’ than its former draft form. This more detailed definition offers a new hook for environmental non-governmental organisations to latch onto, providing a policy basis on which to tackle global environmental impacts. It is easy to argue that developments such as the third runway at Heathrow are not conducive to ‘living within the planet’s environmental needs’.”

Issue: 7509 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll