Published on: 19 November 2021
Published by a LexisNexis Planning expert
For many, the hallmark of the Localism Act 2011 was its far-reaching neighbourhood planning regime, which for the first time shifted statutory plan-making powers to parish councils and, in areas without parishes, to a new statutory body, the neighbourhood forum. The Neighbourhood Development Plan (NDP) emerged and took its place within the planning system.
The political rationale appeared twofold: to spread responsibility, and some of the financial burdens of plan-making, down to lower tiers of government and, alongside that, to involve local people directly in preparing plans. In this spirit of empowerment, neighbourhood planning was intended to be simple to navigate and unencumbered by undue regulation.
The ministerial foreword to the original National Planning Policy Framework (NPPF), issued six months later in March 2012, observed that planning had tended to exclude rather than include people and communities; it suggested neighbourhood planning answered this by replacing over 1,000 pages of national policy with about 50, written plainly and clearly, thereby bringing people and communities back into planning.
The recently updated 2021 NPPF now extends to 75 pages and contains no foreword, but were it to have one, it seems unlikely it would emphasise this in the same inclusive, deregulatory terms today...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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