Discussing the Reforms to National Planning Policy Report with Clive Betts MP (S10 E5)

Published: July 31, 2023, 5 a.m.

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Our Special Guest this week is Clive Betts MP, Chair of the Levelling Up, Housing and Communities Committee which has published their report \\u201cReforms to national planning policy\\u201d.\\n\\nDecisions of the Week

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  • Decision of the High Court dated 30th June 2023 in CG Fry & Son Ltd v SoSLUH&C & Somerset Council [2023] EWHC 1622 (Admin) dismissing a s288 challenge to an inspector\\u2019s decision dismissing a section 78 appeal against the refusal of Somerset Council to discharge certain conditions attached to a C3 planning permission because of a failure to provide an Appropriate Assessment under the 2017 Habitat Regulations in the context of NE\\u2019s concerns around nutrient neutrality.
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  • Decision of the High Court dated 30th June 2023 in Swindon BC v SoSLUH&C & Danescourt [2023] EWHC 1627 (Admin) dismissing a s288 challenge to an inspector\\u2019s decision allowing a developer\\u2019s appeal for up to 220 dwellings on land which formed part of a wider allocation of 8000 homes of which 6,800 had already received permission. Issues around the inspector\\u2019s approach to infrastructure.
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  • Decision of an inspector dated 14th June relating to enforcement appeals by Mr J Clarkson relating to Diddly Squat Farm and the alleged unlawful change of use to a mixed agricultural, caf\\xe9, restaurant, farm shop, parking & lavatory facilities (as corrected by the inspector). Issues raised as to the correct planning unit & breaches of planning control, the service of the notices & the inspector\\u2019s ability to correct defects in the enforcement notices on appeal.\\xa0
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  • Decision of Secretary of State for Levelling Up, Housing & Communities dated 20 July 2023 rejecting the inspector\\u2019s recommendation and refusing planning permission for the demolition of the Marks & Spencer\\u2019s store at 456-472 Oxford Street and erection of a new 2-basement, ground plus 9 storey missed use (Class E) building raising heritage and embodied carbon issues.
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