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In this issue When planning permission is required Planning enforcement Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents When planning permission is required Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC) In Dharmeshkumar v SSLUHC, the High Court found that substantial refurbishment amounted to “development” for the purposes of section 55 of the TCPA 1990, as it materially altered the building’s outward appearance and therefore required express consent. The court also confirmed that any uncertainty within prior approvals can be resolved by referring to the application paperwork and drawings, ensuring compliant aspects remain authorised while only non-compliant works face enforcement. See News Analysis: Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC). Planning...
Note: the CPRC no longer distributes the underlying papers with the minutes, and consequently no documents explaining the matters discussed are supplied alongside this News Analysis. A copy of the minutes can be found here: Minutes of the Civil Procedure Rule Committee. Welcome, apologies and introductory remarks (item 1) The minutes of the 9 May 2025 meeting were approved (for more detail, see News Analysis: Minutes of the CPR Committee meeting—9 May 2025). From the action log, the following items were recorded: Forms and standard orders—various strands of work remain in progress, and a new working group will be created. The Chair and Secretariat will finalise the finer details outside the committee. Digital Markets, Competition and Consumers Act 2024—drafting was agreed under item 3 at the Minutes of the CPR Committee meeting—9 May 2025, and the finalised draft is now circulating within the sub-committee for approval. A handful of substantive issues have emerged but are not anticipated to require consideration by the full committee....
In this issue: Autumn Budget 2024—key local government announcements Public procurement Governance Social housing Education Children’s social care Social care Healthcare Planning Daily and weekly news alerts New and updated content New Q&A Autumn Budget 2024—key local government announcements On 30 October 2024, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, unveiled a range of measures significant to local government practitioners, spanning public procurement, governance, healthcare, social housing, education, children’s social care, social care, planning and local government finance. The government emphasised that ‘local government is essential to the running of the country’ and to delivering vital services. Commentary on the announcements and their implications for practitioners has been provided by Andrea Squires of Winckworth Sherwood and Amardip Healy of Blake Morgan LLP. See: LNB News 30/10/2024 59. Public procurement Limitation periods in public procurement challenges (Oracle Security v Barts NHS Trust) In Oracle Security Services...
The Planning Act 2008 (PA 2008) establishes the consent framework for nationally significant infrastructure projects (NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order (DCO) applications may be taken by reference to any relevant National Policy Statements (NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State (SoS) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate (PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which nationally significant schemes are assessed and authorised, with guidance set out in practice notes and the collection. Fast-track process Under PA 2008, s 98(1), the Examining Authority (EA) must conclude examination of the application...
The Planning Act 2008 (PA 2008) brought in development consent orders (DCOs) for nationally significant infrastructure projects (NSIPs). Under this regime, compulsory acquisition powers can be authorised within a DCO, removing the need to obtain standalone compulsory purchase order powers for such NSIPs (this position applies to development in England. For schemes in Wales, where compulsory acquisition is needed for associated development, a separate compulsory purchase order must still be promoted). This Practice Note reviews the examination of compulsory acquisition provisions by the Examining Authority for the DCO (ExA), the steps after the Secretary of State decides to make a DCO including compulsory acquisition powers, awards of costs, the implementation of compulsory acquisition powers, and material change applications. See also Practice Notes: Compulsory acquisition for NSIPs—introduction and principles Compulsory acquisition for NSIPs—application, draft DCO and supporting documentation Compulsory Acquisition for NSIPs—special categories of land, associated development and additional land Process of examination and hearings In essence, scrutiny of the compulsory acquisition...
Nationally significant waste water infrastructure The NPS outlines government policy on the provision of nationally significant waste water infrastructure in England. It steers decision making on development consent applications for waste water projects that meet the definition of a nationally significant infrastructure project (NSIP) in the Planning Act 2008 (PA 2008). See Practice Notes: National Policy Statements, Application procedure for nationally significant infrastructure projects, and Permission for nationally significant infrastructure projects for further background. Waste water—commonly referred to as sewage—is typically a combination of domestic waste water from baths, sinks, washing machines and toilets, together with waste water from industry. Waste water NSIPs, to which the NPS applies, are defined in PA 2008, s 29 as: the construction of waste water treatment plants in England that are expected, once constructed, to have a capacity exceeding a population equivalent of 500,000 the construction of infrastructure for the transfer or storage of waste water where the works will be carried out wholly in England and...