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Jenny Wigley’s JPLC legal update published in the JPL

DATE: 21 Nov 2017

Jenny Wigley delivered this year’s legal update at the JPLC in Oxford in September.  In the year to 31 July 2017, there were 121 High Court judgments dealing with planning, 32 in the Court of Appeal and one in the Supreme Court. The paper focuses on some key trends and topic areas arising from those cases and a few later ones.  It deals first with cases on the knotty issue of the National Planning Policy Framework ("NPPF") paras 14 and 49 and the presumption in favour of sustainable development. It then reports on some other discrete matters of NPPF interpretation before moving on to cases relating to heritage, Green Belt, duty to give reasons, decision taking, neighbourhood planning and, finally, decisions on the Habitats Directive. In the concluding remarks, it also touches on the recent ClientEarth litigation and the increasing importance of air quality in planning cases. An outline of the “stripy house” case is included for some light relief.  For those who weren’t able to attend, the full paper, together with all the papers delivered over the weekend, have now been published in the JPL at JPL 2017 13 Supp (Making Planning Great Again) OP56-OP73 and are available on Westlaw (subscription needed).