Planning Alert 4 Aug 2011
Michelmores Planning Alert
Welcome to the Michelmores Planning Alert, where we bring you a round-up of the latest news and legal developments affecting the industry. We hope that you find this useful and welcome your feedback. Please contact us with any comments or queries.
Items in this issue include:
DLCG publishes draft NPPF...
Presumption could lead to more appeals, government admits...
Developer's liability under sales contracts, Consumer Protection Regulation, Defective Premises Act & NHBC cover...
Bristol confirmed as a second wave Enterprise Zone...
Village Green reforms could see new 'character test'...
Derwent Holdings Limited v Trafford Borough Council and Tesco Stores and Lancashire County Cricket Club...Renewable Heat Premium Payment scheme opens on 1 August...
HCA outlines affordable homes targets...
EIA Regulations 2011 published...
The 52 page draft National Planning Policy Framework has now been published for consultation. This is part of government reforms to make the planning system less complex and more accessible, and to promote sustainable growth. The consultation will close on 17 October 2011.
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Presumption could lead to more appeals, government admits
The government has admitted that plans to require councils to grant consent to developments if their local plans are 'absent, silent, or indeterminate' could lead to more refusals and appeals in areas without up-to-date plans. The admission was made in an impact assessment issued with the draft NPPF.
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In Harrison and others v Shepherd Homes Ltd 2011 the Court found a developer liable to home owners for defects in foundations across an entire residential development. The developer had breached its obligations under the sales contracts between it and the home owners.
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Bristol confirmed as a second wave Enterprise Zone
The Bristol Enterprise Zone known as the Temple Quarter Zone, is centred on the Temple Meads rail station. The Zone will join the previously announced 21 zones across the country that will receive a 100 per cent business rate discount (worth up to £275,000 over five years), radically simplified planning approaches and superfast broadband.
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Village Green reforms could see new 'character test'
A 'character test' could be used to judge whether a piece of land can be registered as a village green under government proposals to reform the registration system for town and village greens. DEFRA has unveiled a consultation into its proposals to reform the registration system under which only land which is unenclosed, open and uncultivated would be eligible.
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The court upheld a decision to grant planning permission on a joint application concerning the development of a superstore which would result in money being provided to redevelop the adjacent local cricket club grounds. There was nothing objectionable in principle in a local authority and a developer entering into an agreement to secure objectives which were regarded as desirable for the area, whether or not they were necessary to strengthen the planning case for a particular development.
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Renewable Heat Premium Payment scheme opens on 1 August
The DECC has announced that the Renewable Heat Premium Payment (RHPP) scheme will open for applications from 1 August 2011 to 31 March 2012. The Energy Saving Trust will administer the RHPP, which will provide grants towards installing domestic renewable heating systems, pending the introduction of the Renewable Heat Incentive (RHI) for domestic properties, expected in October 2012. The RHI for non-domestic properties will open from 30 September 2011.
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HCA outlines affordable homes targets
The HCA has committed to deliver more than 160,000 new affordable homes over the next four years, according to its new corporate plan. An additional 10,452 homes for sale will be provided through its FirstBuy scheme. According to the HCA the target will meet around 95 per cent of the Government's aspiration for 170,000 new affordable homes by 2015.
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EIA Regulations 2011 published
The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (SI 2011/1824) (EIA Regulations 2011) have been published and come into force on 24 August 2011. Key changes include: a requirement for the environmental impact assessment (EIA) to cover the whole development if modified, rather than just the modification itself; requiring local planning authorities to give clear reasons for negative screening decisions; and removal of the requirement for public consultation at the reserved matters stage, if the environmental statement originally submitted with the outline planning application is still adequate.
Category: Property
Last updated: 2011-08-05 10:20:53
