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Planning & Built Environment News Round-Up - 1st May 2018

This news round-up highlights recent news and commentary relating to planning and the built environment.


This week’s round-up includes analysis of the definition of ‘deliverable’ in the revised NPPF, an overview of the Parkhurst Road Limited case relating to viability appraisal, and Thames Water’s response to the National Infrastructure Commission’s report on England’s water infrastructure needs.


NPPF Consultation: the definition of "deliverable" in 5 years is more realistic - but room for improvement (Christopher Young QC)

“The revised NPPF still requires a 5YS of deliverable housing sites (except in neighbourhood plan areas although this will soon extend to areas with growth deals). And there is an important change to the definition of deliverable. It is significant and important. It signals the Government’s recognition of reality and will greatly assist the delivery of new homes.

In the present version of the NPPF, the word “deliverable” is used in paragraph 47(second bullet point) and specifically defined in footnote 11. The revised draft adopts a different approach. It still uses the word “deliverable”, now located in paragraph 75. But the footnote has gone, and in its place comes a definition of “deliverable” in the glossary at the back of the revised NPPF. It is a wholly new definition and one which is much clearer and far more realistic. It is to be welcomed.”


James Brokenshire announced as the new housing secretary (The Planner - Requires Log-In)

“Prime Minister Theresa May has announced that James Brokenshire, MP for Old Bexley & Sidcup, as the new housing secretary as Sajid Javid becomes the new Secretary of State for the Home Department following the resignation of Amber Rudd.

Victoria Hills MRTPI, chief executive of the RTPI, said: “The RTPI welcomes James Brokenshire as the new Secretary of State. We look forward to continuing our excellent relationship with the Ministry for Housing, Communities and Local Government, and working with Mr Brokenshire, particularly on our shared agenda of encouraging more young people to join the planning profession and in representing the views of our members on the National Planning Policy Framework (NPPF) consultation.”

The institute said it will be seeking a meeting with Brokenshire at his earliest convenience to discuss how it, and the 25,000 RTPI members, can work with him.”


Pointers From Parkhurst? (Simonicity)

“Parkhurst Road Limited v Secretary of State (Holgate J, 27 April 2018) is a complex analysis by the High Court of issues relating to viability appraisal. Indeed Holgate J concludes an unusual postscript (paragraph 142 onwards) to his judgment by expressing the hope that "the court is not asked in future to look at detailed valuation material as happened in these proceedings".

The Parkhurst Road dispute has indeed been protracted, to say the least


Going behind a prior approval (Martin Goodall's Planning Law Blog)

“If an LPA in determining a prior approval application under a relevant part of the Second Schedule to the GPDO decides either that their prior approval will not be required or grants such prior approval, can the authority later resile from that decision on the basis that the development does not in practice qualify as PD, or (alternatively) can a third party successfully challenge the LPA’s decision on the same ground? …”


Thames Water to take full account of NIC report recommendations (Thames Water)

A report published today by the National Infrastructure Commission says England’s homes and businesses could face having their water supplies cut off in times of severe drought, if the water industry “does not improve infrastructure and water efficiency”.

Commission chairman Sir John Armitt said a twin-track approach of improving infrastructure and reducing leakage as well as encouraging households and businesses to reduce their demand needs to happen to ensure the network is fit to meet future pressures from climate change and an increasing population.

Thames Water chief executive Steve Robertson said: “We welcome this flagship report and will take full account of its recommendations as we revise our draft Water Resources Management Plan, after the consultation period closes this weekend. 


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Suzanne Pidgeon, Technical Director 01962 877414 | s.pidgeon@adamshendry.co.uk