Finch is a Supreme Court judgment which has been long awaited. It deals with the effects of development which are ’downstream’. Many practitioners want to know how their schemes might, or might not, be affected by the need to assess green house gas emissions which arise within ’Scope 3’. With Odette Chalaby and Sioned Davies, The Planning Podcast s…

You have seen the posts about the Green Belt Summit, but you want a bit more of the inside track on this event? Well, the Planning Podcast can help with this trailer. To secure a place, book here. https://www.no5.com/2024/05/greenbelt-summit/> And here is the link to Fields in Trust. https://fieldsintrust.org/>…

In the third of a trio of ‘how did we get here?’ podcasts, Daniel Henderson, planning and environmental barrister at No 5 Chambers, maps out the costs regime for High Court challenges to planning and environmental decisions. It has a history, and if you don’t get where is came from you will not fully understand your position in a case where costs p…

In the second of a trio of ‘how did we get here?’ podcasts, the Planning Podcast assists listeners with habitats issues. If you were not ‘in planning’ when Dilly Lane was a hot topic or you want to know why the Ashdown Forest seems to be in so many cases, then Jess Allen, planning and environmental barrister at No5 Chambers will explain. There is a…

In the first of a trio of ‘how did we get here?’ podcasts, Daniel Henderson, planning and environmental barrister at No 5 Chambers, maps out the key stages in policy change, case law and legislative action which changed the way that we plan development, starting with the advent of localism.By Richard Kimblin KC

"But it's in the wrong place" is a six-word summary from the Inspector’s lengthy consideration of the evidence in an inquiry into a 350 unit, mixed use scheme in South Oxfordshire. James Corbet Burcher joins Richard Kimblin KC to explain the context and the learning from this Secretary of State decision, upholding confidence in neighbourhood planni…

Whether you are an infrastructure developer, an infrastructure provider, a promoter or decision-maker for EIA built development, how do you decide what needs to be assessed, and how? Three recent cases illustrate the problems and provide strong guidance on what needs to be done to arrive at a lawful conclusion. Odette Chalaby explains.…

The Planning Podcast takes a summer diversion from planning and environmental law to the professions we work with and practical routes into them. Danielle Dawson (Product Development Manager at Aggregate Industries) and Lisa Newland (Central Bedfordshire’s Academy and Enabling Team Planning Manager) give a view from the inside of apprenticeships. B…

The Labour Party has mooted the idea of compulsory purchase of land for housing by local authorities and amendment of the rules on compensation. It is a complex area. It raises at least these questions: what is the problem which is being targeted; what drives land value and where are they different; how would the proposal affect new settlements, if…

Potential effects on a European Site/Habitats Regulations/Appropriate Assessment. Does reserved matters approval/discharge of conditions require AA, potentially halting a development? The latest chapter on nutrient neutrality/eutrophication: the case of CG Fry. This is an impromptu Planning Podcast with Christian Hawley and Richard Kimblin KC givin…

In this episode we take a thematic tour through recent cases on decision-taking in planning. It a tour de force from Hugh Richards and Howard Leithead, compressing case after case into 25 minutes of learning - with notes!By Richard Kimblin KC

NDMPs – national policy and its impact on planning decisions In this Planning Podcast, James Corbet Burcher helps us with the content, rationale and benefits of national development management policies. In turn, they have an impact on planner’s favourite statutory provision. And this Planning Podcast comes with notes!…

In this Planning Podcast, James Corbet Burcher helps us look ahead to plan making as envisaged in the Levelling Up etc Bill. What timescales do we need to have in mind when making strategic decisions? Which changes in content of local plans will have an impact? How is the electoral cycle affecting the measures? And this Planning Podcast comes with …

The Planning Podcast returns this new year for a very particular purpose and that is pupillage – the on the job training which is required for practice. It is a very hard position to secure and a testing and formative process for those who do obtain a pupillage. That application process opened last week, so lets talk about it. Planning and environm…

In this episode of the Planning Podcast, we go on journey; a sustainable journey around the Duchy of Cornwall’s development at Nansledan, Newquay, in Cornwall. But our journey is an ambitious one – a journey around an urban extension which really is a new place – which is walkable – which creates an economy and establishes a community. We have two …

Environmental statements and climate change impact – [1] Dissent in the Court of Appeal In this episode of the Planning Podcast, Richard Kimblin QC is joined by Harj Narulla to help listeners get to grips with a tricky set of issues: what is an EIA project?; in what way do climate change effects have to be taken into account in an ES?; and what can…

More climate change assessment – [2] Dissent in the High Court In this episode of the Planning Podcast, Richard Kimblin QC is joined by Will Rundle, Head of Legal at Friends of the Earth, to outline how, in the opinion of one judge in the High Court, an unreasonable assessment of climate effects can make a decision unlawful. Unusually, two judges s…

Planning takeaways from the White Paper. In this episode, Sioned Davies picks out the key messages which have an impact on town centres, employment land policy, Green Belt and devolution, so that you do not have to read all four documents and the 332 page White Paper.By Richard Kimblin QC

In this edition the Planning Podcast looks at the relationship between environmental regulators, the courts and the planning system. With his guests, Odette Chalaby and Carl Copestake (Knights LLP), Richard Kimblin QC turns to the recent Court of Appeal decision in R (oao) Mathew Richards v Environment Agency [2022] EWCA Civ 26.…

In this practical take on motorway service areas and Green Belt very special circumstances, Christian Hawley and Thea Osmund-Smith join Richard Kimblin QC in identifying the ‘what’ and the ‘how’ in this competitive area of work.By Richard Kimblin QC

A challenge to a North Sea consent might not immediately strike you as a ’need to know’. But if you do need to know any of the following, listen in: (1) what happens if EIA development is adverstised in breach of the regulations; (2) how do you assess the carbon impacts of a development? (3) is climate litigation on an uptick? (4) why do claimants …

Back for the autumn, the Planning Podcast turns to a five-case legal update. What did you miss while enjoying the summer? Leanne Buckley-Thomson and Oliver Lawrence provide great insights into what can go badly wrong at planning committees and whether an interested party in a JR can recover some of its costs, amongst many other snippets.…

In this episode, The Planning Podcast looks to Wales for a lead. We find positive, modern and innovative approaches to the environment, building a cohesive society and planning for development at a strategic scale. The lead is extending and changing as so ably discussed by Dr Victoria Jenkins, associate professor of law at Swansea University, David…

The Planning Podcast looks at the long, indeed the seemingly never-ending, examination and considers the scope for and potential impact of reform. With guests Jerry Youle, Inspector and Professional Lead for local plans at the Planning Inspectorate, Satnam Choongh, Planning and Environmental barrister at No5 Chambers, Tim Burden and David Murray-Co…

The Ox-Cam Arc. In one of the Planning Podcast’s ‘long-listens’, we bring together guests with long experience and real insight into planning for one of England’s most complex and dynamic areas in which so much is playing out: linear infrastructure; local and London’s unmet housing need; connecting hubs of growth and innovation; spatial strategies …

'Let’s meet!’ - what does that mean? In a rather more formal context, that is what the High Court had to decide last week with the widely reported outcome that local authority council meetings may not continue to take place virtually in England, absent primary legislation. That is the spoiler about the result of the case, but how and why did we get…

The Planning Podcast turns to look at the practical effect of town and village green registration through the case of TW Logistics. Where a long standing use and activity co-exists with recreational uses, will that activity mean that the landowner will commit an offence under the ‘Victorian Statutes’? Richard Kimblin QC’s guests are Rowena Meager a…

As we approach the anniversary of remote working, Richard Kimblin QC and guests share practical tips and guidance for future virtual and hybrid hearings, inquiries, examinations and trials. Richard is delighted to introduce Sioned Davies to The Planning Podcast, joined by regulars Oliver Lawrence and Howard Leithead, all planning and environmental …

Richard Kimblin QC hosts a short podcast with Satnam Choongh and Christian Hawley, planning and environmental barristers at No5 Chambers, to look at two cases from the Court of Appeal which address the tilted balance. When and how do you get to the presumption in favour of sustainable development, and what may lawfully be done with it when it is in…

Planning Podcast 101 - adding Court of Appeal cases on paragraphs 11 and 90 of the Framework in the same short podcast! Looking at routes to the presumption in favour of sustainable development and what retail policy in paragraph 90 means. With Satnam Choongh, planning and environmental barrister at No5 Chambers, Richard Kimblin QC introduces the f…

Spotting key themes and evolving issues from 2020, the top tips team turns to small housing sites; the continued impact and evolution of the Rosewell Review (with a paper from Howard Leithead here); the recovery, a top tip from Leanne Buckley-Thomson (which also the subject of a note here) and an issue which will dominate for decades to come - clim…

With the ever-up-to-date-team of Leanne Buckley Thomson, Howard Leithead and Oliver Lawence, a package of what has made them sit up and take notice in the planning and environmental world in the last couple of weeks: highways impacts and the Framework, a curious consent in Snowdonia and an update on penalties for environmental offences.…

You might think it is obvious – you increase housing land supply, you improve affordability. That is a premise of much forward planning and of Planning for the Future. Is that correct and straightforward, or not? Here, in detailed examination of the issues, in a deliberately ‘long-listen’ we are joined by Dr Nikodem Szumilo, Associate Professor at …

The Planning Podcast turns to design, coding and making beautiful places for communities. With Professor Robert Adam, in conversation with Leanne Buckley-Thompson, planning and environmental barrister at No5 Chambers. Leanne gets us focussed on what is happening and proposed, Professor Adam maps out what we can achieve with more certainty of design…

With the ever-up-to-date-team of Leanne Buckley Thompson, Howard Leithead and Oliver Lawence they have packaged up a short and quick fire review of what has made them sit up and take notice in the planning world in the last couple of weeks.By Richard Kimblin QC

First up for the Autumn is the Environment Bill and more particularly, environmental targets – what are they replacing, what is industry, affected sectors and the Government’s thinking on how those targets should best be set; how and when are they enforced; and what has running a marathon got to do with it? With Nina Pindham, planning and environme…

Richard Kimblin QC is joined by Scott Stemp & Howard Leithead, planning and environmental barristers from No5 Chambers, about planning enforcement, the issues arising with the Covid-restrictions, and a great new book!By Richard Kimblin QC

Tim Jones & Hashi Mohamed help us with current issues with neighbourhood plans.By Richard Kimblin QC

In this edition, Richard Kimblin QC meets Ian Kemp, a programme officer who is known to many of you, and Thea Osmund-Smith, planning and environmental barrister at No5. The Planning Podcast takes its first look at local plans and their examination. We take a look at the inside of an examination in public – some tips from the gatekeeper – the progra…

The Planning Podcast turns to infrastructure. Richard Kimblin QC interviews Angus Walker, Chair of the Board of the National Infrastructure Planning Association: progress with the consenting of infrastructure projects during the emergency whether consenting procedures might actually be better after the emergency infrastructure and economic recovery…

The Business and Planning Act 2020: how amendment to the Town and Country Planning 1990 Act may change the mix of appeal procedures; what might be the consequent changes in the rules?; what the real practical effects are likely to be: will they make appeals less able to get the heart of the issues, or will they make appeals more effective and more …

Oliver Lawrence joins Richard Kimblin QC to talk through experience of virtual hearings, examinations and trials as we look at the upsides, the downsides and how you might want to influence the way in which your case is heard.By Richard Kimblin QC

In this edition we turn to cities. With Ben Rogers, Director of the Centre for London, we explore major issues arising from the pandemic: the immediate downturn; suppressed demand; the role of innovators and the young. We turn to planning reform, zoning, design codes and participation by communities. We look at planning levers beyond regulation - h…

From one of the leading barristers in this field Richard Kimblin QC, Planning Appeals is a practitioner-focused text dedicated to the law and practice of planning appeals in England and Wales. With particular emphasis on hearings and inquiries, this practical ‘how to’ title offers a step-by-step guide to commencing and framing a case, and explains …

The second of a two part episode. From one of the leading barristers in this field Richard Kimblin QC, Planning Appeals is a practitioner-focused text dedicated to the law and practice of planning appeals in England and Wales. With particular emphasis on hearings and inquiries, this practical ‘how to’ title offers a step-by-step guide to commencing…

How local authorities are approaching thir ambitions for 'Net Zero'. What are the implications of the Covid crisis on the Climate crisis? Richard asks Nina Pindham to give an overview of the legislative duty to achieve 'Net Zero'. What progress are Birmingham making in their 'Route to Net Zero' and what can be learnt from Nottingham City Council?…

Richard Kimblin QC, Jack Smyth & Hashi Mohamed discuss remote hearings, what is a dwelling, and Madness - the band not the condition.By Richard Kimblin QC

Richard Kimblin QC and his guest Christian Hawley, planning and environmental barrister at No5 Chambers, discuss Covid-consequences as seen early in the first lockdown. The Planning Podcast looks at: recession, small builders, small housing sites, policy changes post the 2008 liquidity crisis and the 2010-12 series of dips in growth; affordable hou…

An Introduction to The Planning Podcast from No5 Chambers with Richard Kimblin KC. Richard tempts you to engage with the fascinating and insightful content from a collection of first class contributors.By Richard Kimblin QC