During the first half of 2024 there were interesting local and national planning updates and developments and there are more to come following the change of government.  Read our Q2 News update to learn more:

National Planning

On the National Planning scene the new Government have announced that Planning is at the heart of their Agenda and a Planning and Infrastructure Bill was included in the Kings Speech.  Further expected changes include a new National Planning Policy Framework (NPPF), further resourcing for planning departments, review of Green Belt land and a new task force to accelerate stalled housing sites.

The 10% Biodiversity Net Gain (BNG) regulations came into full effect on 2 April 2024. However, there are exemptions for certain types of development.

From 25 April 2024, changes to enforcement and lawful development certificate (LDC) appeals came into effect as a result of the Levelling Up and Regeneration Act (LURA). This has resulted in the four-year time limit for bringing enforcement action against building or engineering operations and changes of use to a single dwelling-house being removed. A single 10-year time limit now applies to all breaches of planning controls. However, the ten year limit for bringing enforcement action does not apply where alleged operational development was substantially completed before 25 April 2024, or where the date of an alleged change of use to a single dwellinghouse was before 25 April 2024.

Local Plan Update

Central Bedfordshire Local Plan

Central Bedfordshire are progressing a Full Local Plan Review in accordance with the revised Local Development Scheme (LDS) under the new legislation. The Local Plan Engagement Strategy has now been finalised.  The public launch is due to commence which will be urging a two way engagement and will include a survey form and a map-based questions opportunity. A Call for Sites will be taking place before the end of the year, with brownfield sites first and all other sites to follow.

Bedford Borough Local Plan

Subsequent to the Independent Examination of the draft Bedford Borough Local Plan 2040 the Inspectors Post Hearing Letter has raised fundamental concerns about the soundness of the plan. The Council have written to the Inspector with their June update following his post hearings advice. The letter can be viewed in the Examination documents on the Council’s webpages.

Luton Borough Local Plan

The Timetable for the Review of the Local Plan is set out in the Local Development Scheme and was considered by the Council’s Executive on 22 July 2024. Evidence base collection for the new Local Plan is in progress and public consultation for the new Local Plan is planned for later in 2024. The Councils website page will continue to be updated as the Plan progresses.

Further updates on the Strategic Plans in Bedfordshire can be found on our website: Planning in Bedfordshire

Buckinghamshire Local Plan

Buckinghamshire Council must produce a Local Plan within five years of coming into being, that is, by April 2025.  Background studies are expected to be publishing during 2024.

Milton Keynes Local Plan

The Council have published the first draft of MK City Plan 2050 for consultation until 9th October.  A series of public events will be held across the city which everyone is welcome to attend. Further details about the consultation and events are available on www.milton-keynes.gov.uk/city-plan  The Regulation 19 consultation is expected in early 2025. The Council propose to submit the Local Plan for Examination before May 2025.

Further updates on the Strategic Plans in Buckinghamshire can be found on our website: Planning in Buckinghamshire

Cambridge Local Plan and South Cambridgeshire Local Plan

The Greater Cambridge Local Plan is currently on hold, due to continued work considering water supply. Officers are now exploring with government the potential for being a “front runner” for the new planning process. Further information can be found here.

Huntingdonshire Local Plan Update

Huntingdonshire District Council has commenced a full update to the adopted Local Plan. Further information can be found here. The Further Issues and Options document and Land Availability Assessments are due to be considered by the Councils Cabinet in September 2024.

Peterborough Local Plan Update

Peterborough Council have now commenced a Local Plan Review 2023-44 to replace the current Local Plan. The Council consulted on the ’Issues and Options Consultation Document‘ during 2023 and the summary of the representations received together with sites submitted can be viewed on the Council webpage. The representations received will be considered together with other evidence and the Draft Local Plan is expected to be published for consultation in autumn 2024.

Information updates on other Strategic Plans in Cambridgeshire can be found on our website: Planning in Cambridgeshire

Babergh and Mid Suffolk District Council Joint Local Plan

Part 1 of the Babergh and Mid Suffolk Joint Local Plan was adopted by both Councils in November 2023. A live online Policies Map supports the Joint Local Plan Part 1 and can be accessed here.

Following a ‘Call for Sites’ for residential use during January/February 2024, the Councils have published sites submitted. Further updates can be found on the Councils website.

West Suffolk Local Plan

The West Suffolk Local Plan was submitted to the Secretary of State on 24 May 2024 and two Planning Inspectors have been appointed to undertake an independent examination. The latest Examination News will be published on the Councils website as the Examination progresses.

Information updates on other Strategic Plans in Suffolk can be found on our website: Planning in Suffolk

Uttlesford New Local Plan

Uttlesford are preparing a New Local Plan for the district. Following the draft Local Plan public consultation (Reg 18) at the end of 2023, the revised plan was considered by the Local Plan Panel on 15 July and then Cabinet on 18 July. If approved by councillors at an Extraordinary Council meeting on 30 July, the plan will go out for a period of public consultation. Further details can be viewed here.

South West Hertfordshire Local Plan

An interactive map and dashboard, has been published to help understand the area and its social, economic and environmental characteristics.  All the authorities have now endorsed the vision and objectives to guide future work. The latest news on the progress of the South West Hertfordshire Local Plan is here.

Dacorum Local Plan

Following the consultation at the end of 2023, a full Statement of Consultation with the Councils responses to the comments and where changes have been made to the Plan documents and proposals, will be published alongside the Publication version of the Local Plan at its next formal stage of consultation in late 2024. The Local Plan will be submitted to the Secretary of State by mid 2025, followed by a public examination.

Hertsmere Local Plan

Responses to the recent consultation on the new Hertsmere Draft Local Plan are currently being considered by the council. The new draft Local Plan needs to be submitted to the Secretary of State by June 2025, with adoption of the final version of the new Local Plan, covering up until 2040, expected by the end of 2026.  For further information, visit hertsmere.gov.uk/newlocalplan

St Albans Local Plan

St Albans City and District Council is progressing with the production of a Local Plan. The Local Development Scheme was updated in February 2024. The key dates going forward are:

  • Regulation 19 Pre – Submission Publication           Oct – Dec 2024
  • Submission                                                              March 2025
  • Examination                                                             March 2025 – Feb 2026
  • Adoption                                                                   March 2026

Three Rivers Local Plan

The Council have decided to speed up the process to enable the Local Plan to be submitted by February 2025, subject to any government announcements. More information can be found here.

Information updates on other Strategic Plans in Hertfordshire can be found on our website: Planning in Hertfordshire

North Northamptonshire Strategic Plan

The North Northamptonshire Local Plan review will take into account changes since 2016, and extend the plan period to 2041. Consultation on the Scope and Issues was undertaken in 2022. A Draft Local Plan consultation is due in 2024.

West Northamptonshire Strategic Plan

West Northamptonshire Council is preparing a new strategic plan which will guide development for the area up to 2050. A Regulation 18 Draft Plan Consultation concluded in June 2024. Responses are now being considered and will inform the next stage. Further evidence is also being gathered, and together this may result in new or revised policies being drafted. It is proposed that a final draft of the Plan will be published in early 2025 for consultation, before submitting the Plan to an independent inspector for examination. For more information visit the West Northants website.

Information updates on other Strategic Plans in Northamptonshire can be found on our website: Planning in Northamptonshire

National Infrastructure Projects

East Park Energy is a proposed new solar farm and energy storage scheme to the north-west of St Neots, straddling the administrative boundary of Bedford and Huntingdonshire. A DCO application is in progress and a formal, statutory pre-application consultation will be undertaken in 2024, with the aim of submitting the DCO application in winter 2024/25. For more information visit https://eastparkenergy.co.uk/

The preferred route announcement for the new Bedford-Cambridge section of East West Rail was made at the end of May 2023. Drop-in events have been held earlier this year, ahead of the first stage of statutory consultation. Further information can be found here.

Following the close of the Examination of the DCO application for the Lower Thames Crossing project the Secretary of State has consulted on a limited number of issues. The Secretary of State for Transport has issued a letter dated 09 July 2024  inviting comments to be submitted no later than 23 July 2024. Further details can be viewed here.

The Examination of the DCO application for expansion of London Luton Airport closed on 10 February 2024. The recommendation by the Examining Authority was sent to the Secretary of State on 10 May 2024. The Secretary of State has decided to set a new deadline for decision on this application of 4 October 2024. For further information, please refer to the Written Ministerial Statement laid in Parliament. Further information can be found here.

On 12 July, the Secretary of State granted development consent for Sunnica Energy Farm, to be located across four sites in East Cambridgeshire and West Suffolk. For further information, please refer to the following decision documentation:

When constructed, the Energy Farm will connect to the national electricity grid at the Burwell National Grid Substation. For further details visit PINS website.

The Examination of the Development Consent Order (DCO) application for the proposed Cambridge Waste Water Treatment Plant has now been completed and the Examining Authority’s recommendation has been sent to the Secretary of State. Further updates can be found on this page.

The phase two consultations for Anglian Water’s proposed reservoirs in the Cambridgeshire Fens and Sleaford, Lincolnshire are open until 9 August.

Chilterns Beechwoods SAC

Dacorum BC and Central Bedfordshire Council now have mitigation strategies adopted and have released the moratorium on the grant of planning permissions, subject to the payment of Mitigation fees.The Buckinghamshire Mitigation Strategy was agreed by Cabinet on 16 July 2024. Click here for more information.

Recent Appeal Decisions

  • An outline application for a mixed use of residential and commercial uses and a full application for three commercial buildings on land to the north of Cambridge North station were allowed by the Minister of State for Housing, Planning and Building Safety, on behalf of the Secretary of State (23 April 2024)
  • An outline application for 15 No. self-build dwellings at Land to The South Of Chrishall Road Fowlmere was dismissed (5 June 2024)
  • An outline application for 9 self-build houses at Land off Manor Way, Cotton End, Bedford was allowed (7 June 2024)
  • A full application for 16 dwellings on land North of Stockbridge Road Clifton was dismissed (11 July 2024)

A number of further appeals are pending including:

    • Land at Swallowfields, Welwyn Garden City (Inquiry – 12 December 2023)
    • Land at Cambridge Road Impington (Inquiry – 16 January 2024)
    • Land off Barton Road Upper Gravenhurst (Written Representations)
    • Land at High Road Shillington (Written Representations)
    • Land at Dunstable Road Caddington (Written Representations)
    • Land East of A10 Buntingford (Inquiry – 16 July 2024)
    • Land at Clophill Road Maulden (Written representations)
    • Land north of Biggleswade (Inquiry – 13 August 2024)
    • Land to the East of Langford Road, and North of Queens Way and Denny Crescent, Langford (Inquiry – 28 August 2024)
    • Land North of Cobbitts Road Maulden (Written Representations)
    • Land North of Braeburn Way Cranfield (Inquiry – 24 September 2024)

Recent Planning Caselaw Updates

The case of Lambeth v SSLUHC [2024] EWHC 1391 (Admin) highlighted that whether the loss of an existing use would have a significant planning consequence, even where there is no amenity or environmental impact, is relevant to assessing whether a change of use is material and that whether or not a planning policy addresses a planning consequence of the loss of an existing use is relevant to, but not determinative of this. The court upheld the grants of a certificate and permission for the amalgamation.

The case of R (Wellingborough Walks Action Group Ltd) v North Northamptonshire Council [2024] EWHC 1225 (Admin) related to the application of the exemption to works done to protected trees in February 2023 following the grant of  planning permission for an urban extension in 2008. The approved plans did not include the extent of tree loss required for the construction of an access route which was approved in full. The TPO in question was made and confirmed in 2016 so post-dated the permission. A subsequent s.73 permission granted in 2017 failed to refer to the TPO. A condition requiring a plan showing retained trees was yet to be discharged. The court found a key step is to construe properly the grant of permission – to the extent what is permitted necessarily involves the loss of trees then the exception will be available, but to the extent the permission can be carried out in a way which does not necessitate the loss of trees then the exception will not be available. The court found the removal of a protected tree in breach of a condition which bears directly on the trees in question would not fall within this exemption and the exemption did not apply here.

The recent case of Bewley Homes PLC v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1166 (Admin) involved a challenge to the dismissal of an appeal for up to 140 dwellings and considered paragraph 81 (now 85) of the NPPF. Amongst other things, this para requires “significant weight should be placed on the need to support economic growth and productivity, taking into account both local business needs and wider opportunities for development.” The claimant argued there should be a “blanket assignment” of this degree of weight to economic benefits in any case. The court said the “significant weight” referred to is to be placed on an objective – “the need to support economic growth and productivity”. The court concluded that this paragraph does not suggest that significant weight should be given to “any” economic benefit flowing from “any” development. A decision-maker must assess the nature and degree of the benefits and then apply judgment to arrive at a weighting in the overall planning balance.

Taytime Ltd v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 1053 (Admin) concerned a legal challenge against an Inspector’s decision that an appeal was not correctly made and could not be lawfully determined. The planning application was made by Monk Lakes Ltd (“MLL”) but then, after submitting the appeal, MML filed for a creditors voluntary liquidation. One of the joint liquidators then wrote to PINS setting out it had appointed Taytime (the owner of the site) to take over “full responsibility” for the appeal. The Inspector found that this was impermissible. However, at the time of this decision MLL had yet to be dissolved. The court held s.78(1) of the 1990 Act is clear that only the applicant for planning permission may appeal against a refusal of planning permission and there is no power to assign this, even by liquidators of an appellant. The court found that in this case the appeal had been correctly made – the issue was whether this was being lawfully pursued and whether the Inspector had made an error of law in conflating these two separate issues. The court also found the Inspector should have dealt with the issue through providing notice under s.79(6A) TCPA 1990.

Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507 concerned a development of a crematorium in the green belt and on a site in Flood Zone 1 but at risk of groundwater flooding. The court followed the approach taken in respect of flood risk in the recent Substation Action case, albeit in relation to a decision under the July 2021 NPPF. In this instance, no sequential test had been carried out, but the Inspector had acknowledged the potential for groundwater flooding, took into account objections from interested parties and the position of the LLFA, recognising whether to apply the sequential test was a matter of planning judgment and in any event specifically considered alternative sites and concluded there were no other reasonably available sites at a lower risk of flooding. The court agreed that the Inspector’s approach was the “epitome of the pragmatic approach urged upon decision-makers by the PPG”. The court dismissed the appeal and upheld the grant of permission.

In the Court of Appeal case of Secretary of State for Levelling Up, Housing and Communities v Caldwell and another [2024] EWCZ Civ 467, the court dismissed the appeal, upholding that the judges reasoning was sound judgement. The court considered the well-established ‘Murfitt principle’ that when enforcing against a material change of use a local planning authority could require the removal of operational development connected to the change of use. In Murfitt the court said that the rationale for this was that enforcement against the material change of use only – and not the connected operational development where that was simply ancillary to the change of use – may leave land in a useless condition and it was logical that the land should be restored to the condition in which it was before that use started in such circumstances. Subsequent case law had said such an approach was lawful where the works concerned are integral to or part and parcel of the unauthorised use. Here the court found that requiring the removal of operational development when enforcing against a material change of use does not extend to works that are more than merely ancillary or secondary and are instead fundamental to or causative of the change of use itself.

In the case of Mid-Suffolk District Council v SSLUHC [2024] EWHC 930 (Admin) related to a legal challenge brought by Mid-Suffolk District Council against an Inspector’s decision to allow an appeal for 210 dwellings in Thurston. Amongst other things, the court found there was no legal error in the Inspector not expressly setting out a conflict with an emerging local plan policy where it was common ground at the appeal that the proposal was in conflict with this policy.

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