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Nicola Gooch

The Cultural Revolution: The CLA argues that Councils are overlooking potential housing sites due to outdated assumptions over how we live.

Earlier this month, the CLA published its latest policy briefing*, which argues that more than 2,000 villages in England have been...

Nicola Gooch

The Pain of Prior Approval: How user-friendly will the proposed extension to permitted development rights actually be?

Back in 2015, the Government raised the prospect of creating a new permitted development right, allowing commercial buildings to be...

Nicola Gooch

The road to permitted development is paved with good intentions... High Court tells Hounslow that what they meant to do, matters a whole lot less than what they actually did

Last week, the Administrative Court had the thankless task of informing the London Borough of Hounslow that an Article 4 Direction, which...

Nicola Gooch

Another Day, Another Commission: MHCLG pins hopes on better design to overcome community objections

Last week was certainly a busy one for the Minister of Housing Communities and Local Government. In addition to publishing:  a partial...

Nicola Gooch

Budget 2018: Build Out Rates, CIL and PD Rights or Consultation, Consultation, Consultation.

Yesterday afternoon, the Chancellor unveiled this year's budget, albeit with a huge Brexit shaped question mark over whether it is...

Nicola Gooch

Budget 2018: Letwin, CIL and Land Value Capture - It's all about the money

We are only 7 days out from this year's budget, so we can expect an increasing amount of pre-announcements, spoilers and speculation as...

Irwin Mitchell

Possible exemption from leasehold ground rent ban for retirement living

Colleague David Hutber notes the following: In the wake of the much publicised ‘ground rent scandal’, the Government has published a...

Irwin Mitchell

Is Property a proper investment for an open ended fund?

One of the problems with investing in real estate is said to be its illiquidity. We shouldn't be surprised at that. After all, valuable...

Irwin Mitchell

You may feed the swans...

A recent case (published by the brilliant, open access Bailii web service) provides a good chance to remind everyone that village green...

Nicola Gooch

Abuse of Process: Council's enforcement prosecution "based on .... an improper motive"

It is not very often that I am genuinely taken aback by the facts of a Court of Appeal case, but R v The Knightland Foundation and Jacob...

Nicola Gooch

Why build more when you can build less: Wirral Council first to reduce housing sites following release of updated ONS household projections

Last week the Office of National Statistics released an updated version of its household projection figures, which estimate the number of...

Nicola Gooch

The Devil is in the Detail: New National Planning Guidance for Build to Rent Schemes envisages very detailed s.106 Agreements.

Last week, MHCLG  updated its National Planning Policy Guidance with remarkably little fanfare.* The revised guidance covers a large...

Nicola Gooch

Will good things come to those who wait? MHCLG needs 'a bit of time to chew on' its response to the consultation on CIL Reform

Last week, the Planning Minister, Kit Malthouse, appeared before the Communities and Local Government Committee (CLG) Committee to give...

Nicola Gooch

Only six weeks old and the Revised NPPF is already in the Administrative Court

Whilst I may have suggested*  that it would not be long before we saw our first judicial review challenge centred on the Revised NPPF; ...

Nicola Gooch

It's the Summer of Para 64 - the Revised NPPF, Affordable Housing & CIL ... or... why shared ownership is your new best friend (at least for the moment)

Nothing is ever simple when it comes to the interplay between national planning policy, local planning policies and the actual law. The...

Nicola Gooch

Heatwaves and Housing : Planning for Climate Change

I am probably in the minority of people who did not enjoy the recent spell of extremely good weather*. Now the sunny snap appears to be...

Irwin Mitchell

No general equitable duty of good faith in lending relationships

In Standish v RBoS, recently reported, a customer tried to extend the duties a receiver owes to a borrower in a receivership to the whole...

Nicola Gooch

Innovation and Planning: can the planning system adapt to 3D Printed Houses?

There has been a lot of discussion recently about new methods of construction, from modular, factory led methods of construction to...

Nicola Gooch

Mind the Gaps: mixed messages, conflicts and trip hazards within the planning system.

As much as I love all things planning law (and I am real geek about my chosen area of practice... you may have noticed), even I have to...

Irwin Mitchell

Another view on "Land Banking"

Quite rightly, the Housebuilding industry has been relieved and justified in the way that the  interim Letwin report published last week...

Nicola Gooch

Planning SoS: What can we learn from James Brokenshire's first seven planning decisions?

Until fairly recently, our new Secretary of State for Housing, Communities and Local Government had been keeping a relatively low...

Elizabeth Thomson

Supreme Court favours certainty over flexibility (and honour?)

In the recent case of Rock Advertising Ltd v MWB Business Exchange Centres Limited  the Supreme Court considered a "truly fundamental...

Nicola Gooch

Court of Appeal: Unlawful use is not an automatic barrier to registering an Asset of Community Value

On 23 May 2018, the Court of Appeal handed down a Judgment in relation to how assets of community value are registered, which could have...

Nicola Gooch

Sharknado: Could the 'Oxford Shark' be Britain's strangest heritage asset?

Most planners who are even vaguely familiar with Oxford City Council have heard of the Shark - a 25 ft fibreglass statue, which protrudes...

Nicola Gooch

A New Approach to Affordability? Responses to Draft NPPF Suggest it may spell the end for Social Rented Housing

The Ministry of Housing, Communities and Local Government are not the only ones pouring over the responses to the draft NPPF, which was...

Lorraine Rose-Dugdale

A victory for landowners and developers in defeating claims to register land as a town or village green

In its recent decision in R (on the application of Cotham School) v Bristol City Council, the Court has confirmed that the use of...

Nicola Gooch

A Blast from the Past or History Repeating: Are Starter Homes making a political comeback?

Three years ago, Starter Homes were the Government's 'big idea' for tackling the affordability issue at the lower end of the Housing...

Irwin Mitchell

Measuring Property - Don't forget - the standards change May 1st for offices and residential!

Just a quick reminder that the Second edition of the RICS measuring standards comes into force on May 1st.  Applying the International...

Irwin Mitchell

Property Fraud - Protect yourself

Lessons can be gleaned from a recent high profile case on property fraud. Landlords (both residential and commercial) should heed the...