Michelmores Solicitors Planning Alert

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:

Government responds to Communities and Local Government Committee Report into the Abolition of RSS...
Twenty nine bids received for the second wave of Enterprise Zones...
MoJ consultation on stronger measures to deal with squatters...
DCLG launches consultation on development plans process...
Renewable Heat Regulations published...
Dorset County Council grants approval for biomass power plant...
Solar companies withdraw judicial review challenge of government's feed-in tariffs review...
Coalition policy used to justify Carlyon Bay development approval...

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Government responds to Communities and Local Government Committee Report into the Abolition of RSS

On 23 June, the government published its response to the Communities and Local Government Committee's report, Abolition of Regional Spatial Strategies: a planning vacuum, which was published in March.  As part of the response the Government states that it feels no need to issue further guidance on the matter as it has "been clear that as a result of the judgment in the CALA Homes Ltd. case Regional Strategies have been reinstated as part of the statutory 'development plan'".

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Twenty nine bids received for a second wave Enterprise Zone

Twenty nine proposals will compete for the final ten enterprise zone spots following the deadline for second wave applications.  The ten zones selected will benefit from simplified planning rules, super-fast broadband and tax breaks for businesses to promote growth.  Heart of the South West LEP has made two of the twenty nine bids titled: Energised, Advanced, Inspired: Plymouth's Enterprise Zone for the Heart of the South West and Heart of the South West Low Carbon Energy Enterprise Zone.  The LEP will hear whether it has been successful at the end of the summer.

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MoJ consultation on stronger measures to deal with squatters

The Ministry of Justice has issued a consultation: Options for dealing with squatting, which will consider existing criminal and civil mechanisms to deal with squatters.
Views of those affected by squatting or with experience of using the existing law or eviction procedures are being sought.  The consultation closes on 5 October 2011.

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DCLG launches consultation on development plans process

The consultation seeks views on the Government's proposed new regulations governing the process by which local councils prepare their development plan and associated documents.
The Government states the reason for the consultation is to revise the regulations; i) in response to reforms set out in the Localism Bill; ii) to consolidate changes made to the 2004 regulations into a single document; and iii) to ensure the regulations are as effective and simple as possible. The deadline for responses is 7 October 2011.

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Renewable Heat Regulations published

Regulations establishing the Renewable Heat Incentive were published and laid before Parliament on 22 June.  It is not yet known when the regulations will come into force.  The incentive scheme is expected to open for applications on 30 September but will be able to be used for installations installed before the regulations are in force. 

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Dorset County Council grants approval for biomass power plant

Dorset County Council has granted full planning approval for the County's first biomass power plant.  According to the owners the plant will burn 25,000 tonnes of waste wood every year and generate up to 3MW of electricity and will be in operation in 2013.

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Solar companies withdraw judicial review challenge of government's feed-in tariffs review

Despite applying in April and being granted permission in May, a group of solar companies has announced that their challenge to review the DECC's decision to launch a fast-track review of feed-in tariffs has been withdrawn.  The companies indicated that the cost of a lengthy legal process was a key factor in their decision to withdraw.

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Coalition policy used to justify Carlyon Bay development approval

Cornwall Council has approved a residential development for 511 homes at Carlyon Bay, using coalition Government planning policy to justify the harm to the landscape.  The Council said these concerns were outweighed by the estimated £250 million in economic benefits the scheme could bring.  The application will now be referred to communities secretary Eric Pickles for final decision.

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Michelmores News

Michelmores shortlisted again for top private client award

Hospiscare thanks Michelmores for big budget boost

Beware HMRC email scam

Connect with us on Twitter

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We hope that you have found this Planning Alert useful. We welcome your feedback: please let us know what you thought of this newsletter and if there are any areas that you would like us to include in future issues.

For further information on any of these areas, please contact us.

Mark Howard
Associate, Environmental Law
Tel: 01392 687621
Email: mark.howard@michelmores.com