Planning Speed Read – 07 March 2025
7th March, 2025
Our regular update for those who work in and alongside the planning sector. We aim to keep you and your teams informed of changes in legislation, provide information on important cases, signpost to relevant guidance, and provide our own insights and experience.
Planning enforcement and a criminal investigation – the High Court underlines the importance in avoiding prejudice to the parties
Many will recall the publicity surrounding “Britain’s wonkiest pub”. The case concerned the Crooked House Pub in Dudley that was seriously damaged in a fire following which the owners decided to demolish the building. The planning authority then issued an enforcement notice requiring its complete rebuild which the owners appealed. In the context of that appeal the question of whether the owners had deliberately started the fire was of some relevance to the question of whether they should now be charged with rebuilding it. However, a criminal investigation on that same point was underway at the time that the enforcement notice was appealed.
At a case management hearing the inspector came to the view that neither party would be prejudiced by the process as there would be no “prejudging of any legal issues surrounding the fire”. He therefore ruled that the enforcement appeal should proceed without further delay.
This decision was challenged by the owners, and it was held in the High Court that the inspector had misdirected himself by proceeding on the basis that he may be able to determine the enforcement appeal without also coming to a view in respect of the cause of the fire. The Inspector’s decision to proceed with the appeal was quashed and remitted back for further determination.
The case demonstrates two interesting points:
Firstly, that any decision of the inspector including an interim decision at a case management conference may be prone to judicial review.
Secondly, the case demonstrates that it is important for an enforcing authority to be aware of the enforcement regimes and overlapping jurisdictions at play. It is not unusual for a matter that may fall to be determined as part of an enforcement appeal to require the decision maker to come to finding of fact that may also be relevant to a criminal investigation. In such circumstances the Courts will always ensure that the wider principles of fairness and justice will not be put at risk by such proceedings.
To access the High Court decision, please click here.
Inspector allows lorry park on green belt after finding it to be grey belt
Following the recent introduction of the NPPF to the concept of “Grey Belt” we are now seeing a growing inclination on the part of planning inspectors to allow development to proceed within grey belt areas, the latest being the approval of a 200-space lorry park on fields next to a motorway (M26) between the towns of Sevenoaks and West Malling. Tonbridge and Malling Borough Council refused permission for the plans in 2022, claiming it would impact the appearance of the area, whilst harming the landscape of the Kent Downs Area of Outstanding Natural Beauty and the green belt.
Although the inspector agreed with the Council’s points on harm to the open rural character, on the facts this would be limited due to the existing developments surrounding the area. Moto Hospitality (Appellant) said there is a need for 1,000 additional lorry parking spaces in Kent and that this site would help a range of important public benefits whilst supporting the freight and logistics sector.
Overall, the inspector held that the 16-acre site off the M26 motorway met the definition of grey belt land, confirming that the scheme’s economic, social, and environmental benefits outweighed its harms.
For more information, please click here.
Government announces plans to triple housing delivery speed
In yet a further announcement from the government about how they will fix the housing crisis, this week we heard about their aims to speed up housing delivery by three times and provide extra cash to local authorities to recruit more planners. The government claim there will be more checks and balances in place in order to ensure that local plans will be adopted in less than 3 years as opposed to the average seven-year period currently experienced. There is also a promise of new bursaries totalling £4.5 million to underline the government’s commitment to recruit an extra 300 planners by the end of next year.
Reference has also been made to an overall package of £14 million in grant funding available to support councils in updating their local plans and reviewing their current green belt land.
Although throwing money at a problem is not always the best answer, the planning system is in a state of flux and uncertainty as recently adopted concepts bed in such as the growing relevance of climate change, and biodiversity net gain. Changes taking place even in recent weeks mean additional time and consideration needs to be given to a recently revised NPPF and an entirely new concept such as “grey belt”. The system is evolving rapidly, and these are all issues that need to be processed, properly understood, and correctly applied by the planning function of our local councils. Somewhat inevitably, any additional funding to support them in this will be appreciated.
The government announcement can be accessed here.
If you have any questions about the topics covered in this speed read, do not hesitate to contact one of our expert Planning Lawyers.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
