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Adams Hendry Planning & Built Environment News Round-Up - 3rd July 2018

The Adams Hendry News Round-Up highlights recent news and commentary relating to planning and the built environment


This week’s round up includes details of the pre-submission publication consultation for the emerging Eastleigh Borough Local Plan, a consideration of inconsistencies within the planning system, and a London council seeking powers to ban ‘For Sale’ and ’To Let’ boards.


Eastleigh Borough Local Plan 2016–2036 Consultation (Eastleigh Borough Council)

“Eastleigh Borough Council’s Local Plan 2016-2036 consultation will get underway at 12 noon on Monday 25 June 2018. The consultation will run until 12 midnight on Monday 6th August.

The Local Plan document together with all the supporting evidence can be found on the Council’s website www.eastleigh.gov.uk/localplan2016-2036 together with all the dates for the consultation drop in sessions.

It was agreed at the Council meeting last December that the Chief Executive would be given the final sign off of the Local Plan under delegated powers subject to receipt of all the required technical and legal advice and reports. These have now been received and the Chief Executive has, today, formally signed off the Local Plan.

The Local Plan document and key assessments will also be available to view at local libraries together with Parish/Town Council offices and Eastleigh House.”


Mind the Gaps: mixed messages, conflicts and trip hazards within the planning system (Irwin Mitchell)

“As much as I love all things planning law (and I am real geek about my chosen area of practice... you may have noticed), even I have to admit that it is not the easiest of systems at times.  In fact, from the outside, it can appear to be a tangle of contradictions, inconsistencies and mixed messages.

In large part, this is down to the fact that planning is not actually a single system, but rather series of separate overlapping ones. The connections between which can be tangential at best. Even a relatively modest planning application may require the applicant to navigate multiple sets of legislation, which all differ from each other in small, but important, ways; as well as local and national policy requirements, which also conflict on some level.

On that basis, it is not surprising that there are a remarkably large number of trip hazards within the planning system as it stands, not least where two sets of legislation overlap - or policy and practice has moved on before the accompanying legal structures have had a chance to catch up!”


Challenging Plans Before They Are Hatched (Simonicity)

“Can you challenge a draft local plan in the High Court before it is submitted to the Secretary of State for examination? When does the ouster in section 113 of the Planning and Compulsory Purchase Act 2004 kick in, which prevents development plan documents from being “questioned in any legal proceedings” except by way of an application for leave made before the end of six weeks beginning with the date that the document is adopted by the local planning authority?

These ouster provisions in legislation cause problems. For instance, in my 4 February 2017 blog post Hillingdon JR: Lucky Strike Out?, I reported on a case where the equivalent provision in relation to challenges to national policy statements under the NSIPs regime was relied upon to strike out a challenge to the Government’s announcement of a decision to publish a draft airports NPS.”


'Mini-Holland' schemes have proved their worth in outer London boroughs (The Guardian)

“The so-called mini-Holland schemes – much-debated changes to boost cycling and walking in outer London boroughs – have done precisely that, according to the first formal study into their impact.

The research found that after one year, people living in parts of such boroughs were, on average, walking and cycling for 41 minutes a week more than those living in comparable areas.

Among the most notable elements of the study, led by Dr Rachel Aldred of Westminster University, is that while the schemes were primarily billed as seeking to boost cycling, the bigger increase in active travel came on foot – an extra 32 minutes weekly on average, with nine more minutes by bike.

The research, published on Tuesday in the journal Transportation Research, studied the travel patterns of just over 1,700 people in three mini-Holland areas – Waltham Forest, Enfield and Kingston – and in various other outer London boroughs which have not seen such changes.”


Ban The Boards! Council bid to outlaw For Sale and To Let signs (Estate Agent Today)

“A London council is seeking widespread powers to ban For Sale and To Let boards which it claims are seen by many “as eyesores that litter the landscape.”

Wandsworth council is to seek additional powers from Housing Secretary James Brokenshire to ban all estate agent boards from six key areas of the borough.

This follows a similar restriction on three areas of Wandsworth in effect for the past two years.”


For more news follow us on Twitter @AdamsHendry, and LinkedIn.

To see how Adams Hendry can help you navigate the planning system, contact us by phone on 01962 877414, or by email at info@adamshendry.co.uk



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