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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll