Neighbourhood Planning

Overview

Landmark’s experience and expertise in this topic reflects that, although often underestimated or overlooked even now, neighbourhood planning has been a key part of the planning system for over ten years following its introduction by the Localism Act 2011. Its importance relates to both the policy formulation and development management, as a neighbourhood plan is part of the statutory development plan.

The involvement of Landmark’s barristers’ itself reflects the range and importance of neighbourhood planning activities in neighbourhood planning and includes:

• Acting on behalf of parish/town council, neighbourhood forum or community organisation; local planning authorities; land owners and developers in relation to neighbourhood planning procedures and proposals and the implications of these
• Advising on the designation of neighbourhood areas where complexities arise
• Advising from the early stages of neighbourhood plan preparation including in relation to:
  • the requirements for public participation
  • on the need for, and scope of, a Strategic Environmental Assessment
  • in terms of the evidence base required
  • the formulation of policies and proposals
  • and compliance with the basic conditions which is fundamental.

• Advising on the submission and examination of neighbourhood plans and development orders (including community right to build orders), including appearing at examination hearings where held.
• Advising and appearing in Court challenges in relation to the exercise of neighbourhood planning powers and the interpretation and application of neighbourhood development plans.

Examples of leading court cases in which Landmark members have been involved:

• Spitalfields Neighbourhood Planning Forum v Tower Hamlets LBC [2023] EWCA Civ 917
• R (oao Park Lane Homes (South East Ltd) v Rother DC [2022] EWHC 485 (Admin)
• Abbey Properties Cambridgeshire Ltd v East Cambridgeshire DC [2020] EWHC 3502 (QB)
• R (oao Lochailort Investments Ltd) v Mendip DC [2020] EWCA Civ 1259
• Aireborough Neighbourhood Development Forum v Leeds City Council [2020] EWHC 45 (Admin)
• Chichester DC v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 1640
• Richborough Estates Ltd v Secretary of State for Housing, Communities and Local Government [2018] EWHC 33 (admin)
• Richborough Estates Ltd v Secretary of State for Housing, Communities and Local Government [2017] EWHC 3882 (admin)
• R (oao Bewley Homes Ltd Plc) v Waverley BC [2017] EWHC 1776 (Admin)
• R (oao RLT Built Development Ltd) v Cornwall Council [2016] EWHC 2817 (Admin)
• R (oao Crownhall Estates Ltd) v Chichester DC [2016] EWHC 73 (Admin)
• R (oao Larkfleet Homes Ltd) v Rutland CC [2015] EWCA Civ 957.