The change of Government has sparked a wave of developments in local and national planning.  Read our Q3 News update to learn more:

National Planning

On the National Planning scene the new Government launched a revised draft National Planning Policy Framework (NPPF), including the introduction of Grey Belt land and a new task force to accelerate stalled housing sites. The consultation closed on 24 September and the final updated document is expected before the end of the year.

A Written Ministerial Statement : Building the homes we need was made on 30 July 2024.

A further consultation Brownfield Passport: Making the Most of Urban Land invites views on further action that could be taken through the planning system to support the development of brownfield land in urban areas.

Local Plan Update

Central Bedfordshire Local Plan

Central Bedfordshire are progressing a Full Local Plan Review in accordance with the revised Local Development Scheme (LDS) under the new legislation. The Council recently undertook a consultation which included a survey form and a map-based questions opportunity. This closed for responses on 23 September 2024 with the exception of the Youth Survey which is open until 8 November 2024.  A call for Brownfield sites only is expected to commence on 4th November. If this does not yield enough land to meet potential housing needs then they expect to launch a full Call for Sites on 9th December. The Call for Sites process will conclude at the end of January 2025.

Bedford Borough Local Plan

The Inspectors Post Hearing Letter has raised fundamental concerns about the soundness of the plan. The Council have written to the Inspector with their September update and this letter can be viewed in the Examination documents on the Council’s webpages. Following the MHCLG letter to the Planning Inspectorate, the Inspector has warned that protracted delays will not be tolerated.

Luton Borough Local Plan

The Timetable for the Review of the Local Plan is set out in the Local Development Scheme. Evidence base collection for the new Local Plan is in progress and an Issues Paper is due to be reported to the Councils Executive Committee on 4 November 2024. The Councils website page will continue to be updated as the Plan progresses.

Further updates on the Strategic Plans in Bedfordshire can be found on our website: Planning in Bedfordshire

Buckinghamshire Local Plan

Buckinghamshire Council must produce a Local Plan within five years of coming into being, that is, by April 2025.  Background studies are due to be published during 2024.

Milton Keynes Local Plan

The Council published the first draft of MK City Plan 2050 for consultation between July and October.  The Council are now considering the responses and the Regulation 19 consultation is expected in early 2025. The Council propose to submit the Local Plan for Examination by the end of June 2025.

Further updates on the Strategic Plans in Buckinghamshire can be found on our website: Planning in Buckinghamshire

Cambridge Local Plan and South Cambridgeshire Local Plan

The Greater Cambridge Local Plan is currently on hold, due to continued work considering water supply. Officers are now exploring with government the potential for being a “front runner” for the new planning process. Further information can be found here.

Huntingdonshire Local Plan Update

Huntingdonshire District Council has commenced a full update to the adopted Local Plan. Further information can be found here. The Further Issues and Options document and Land Availability Assessments are currently on consultation until 27 November 2024.

Peterborough Local Plan Update

Peterborough Council have now commenced a Local Plan Review 2023-44 to replace the current Local Plan. The Council consulted on the ’Issues and Options Consultation Document‘ during 2023 and the summary of the representations received together with sites submitted can be viewed on the Council webpage. The representations received will be considered together with other evidence and the Draft Local Plan is expected to be published for consultation in Feb/March 2025. Updates can be viewed on the Council’s website.

East Cambridgeshire Local Plan

0n 17 October East Cambridgeshire agreed to commence work on a Full Local Plan review and published a Local Development Scheme. The ‘call for sites’ stage will be subject to a specific announcement, and not likely to commence until January 2025.

Information updates on other Strategic Plans in Cambridgeshire can be found on our website: Planning in Cambridgeshire

Babergh and Mid Suffolk District Council Joint Local Plan

Part 1 of the Babergh and Mid Suffolk Joint Local Plan was adopted by both Councils in November 2023. A live online Policies Map supports the Joint Local Plan Part 1 and can be accessed here.

Following a ‘Call for Sites’ for residential use during January/February 2024, the Councils have published sites submitted. Further updates can be found on the Councils website. The next consultation is due in Spring 2025.

West Suffolk Local Plan

The West Suffolk Local Plan was submitted to the Secretary of State on 24 May 2024 and two Planning Inspectors will hold hearings sessions during November and December 2024.  The latest Examination News will be published on the Councils website as the Examination progresses.

Information updates on other Strategic Plans in Suffolk can be found on our website: Planning in Suffolk

Uttlesford New Local Plan

Uttlesford are preparing a New Local Plan for the district. The regulation 19 consultation closed on 14 October 2024. All submitted comments will now be processed and submitted to the Secretary of State by the end of 2024 for independent Examination, expected to take place during 2025. Further details can be viewed here.

South West Hertfordshire Local Plan

An interactive map and dashboard, has been published to help understand the area and its social, economic and environmental characteristics.  All the authorities have now endorsed the vision and objectives to guide future work. The latest news on the progress of the South West Hertfordshire Local Plan is here.

Dacorum Local Plan

The Pre-Submission Dacorum Local Plan (2026-2041) and Regulation 19 consultation will run from midday on Monday 4 November and midday on Tuesday 17 December 2024.

Hertsmere Local Plan

Responses to the recent consultation on the new Hertsmere Draft Local Plan are currently being considered by the council. The new draft Local Plan is expected to be submitted to the Secretary of State in 2025, with adoption of the final version of the new Local Plan, covering up until 2040, expected by the end of 2026.  For further information, visit hertsmere.gov.uk/newlocalplan

St Albans Local Plan

The St Albans City and District Council Local Plan Regulation 19 consultation is currently open until 10am 8 November 2024. Following this consultation all representations along with the draft Local Plan will be submitted for Examination to the Planning Inspectorate.

Three Rivers Local Plan

The Council have decided to speed up the process to enable the Local Plan to be submitted by February 2025, subject to any government announcements. More information can be found here.

Information updates on other Strategic Plans in Hertfordshire can be found on our website: Planning in Hertfordshire

North Northamptonshire Strategic Plan

The North Northamptonshire Local Plan review will take into account changes since 2016, and extend the plan period to 2041. Consultation on the Scope and Issues was undertaken in 2022. A Draft Local Plan consultation is due in 2024.

West Northamptonshire Strategic Plan

West Northamptonshire Council is preparing a new strategic plan which will guide development for the area up to 2050. A Regulation 18 Draft Plan Consultation concluded in June 2024. Whilst the current local plan timetable proposes a final draft Plan consultation in early 2025, recent government proposals for plan making have implications for the progression of the local plan and that timetable. Officers are currently working on a revised Local Development Scheme which will be prepared and published. For more information visit the West Northants website.

Information updates on other Strategic Plans in Northamptonshire can be found on our website: Planning in Northamptonshire

National Infrastructure Projects

East Park Energy is a proposed new solar farm and energy storage scheme to the north-west of St Neots, straddling the administrative boundary of Bedford and Huntingdonshire. A DCO application is expected to be submitted in winter 2024/25.  A statutory consultation is in progress and will close on 29th October 2024. For more information visit https://eastparkenergy.co.uk/

The preferred route announcement for the new Bedford-Cambridge section of East West Rail was made at the end of May 2023. Following the recent change of government, the company are now awaiting permission to undertake a consultation at end of 2024/early 2025. It is also hoped that the Government will issue a safeguarding route later this year. Further information can be found here.  A government funding announcement is expected in the Budget on 30 October.

In the meantime, the first test train ran from Oxford to Milton Keynes, via Bicester, Wilmslow and Bletchley on Monday 21 October.  First passenger services are expected to start in 2025.

Following the close of the Examination of the DCO application for the Lower Thames Crossing project the Secretary of State has decided to set a new deadline for decision on this application of 23 May 2025. For further information, please refer to the Written Ministerial Statement laid in Parliament. Further details can be viewed here.

The Examination of the DCO application for expansion of London Luton Airport closed on 10 February 2024. Responses to a consultation letter  from the Secretary of State’s dated 27 September 2024 have been published and can be viewed here. Further information can be found here.

The Examination of the Development Consent Order (DCO) application for the proposed Cambridge Waste Water Treatment Plant has now been completed and the Examining Authority’s recommendation has been sent to the Secretary of State. On 16 October the Secretary of State issued a letter to all Interested Parties requesting information. The deadline for response is 13 November 2024. Further updates can be found on this page.

The phase two consultations for Anglian Water’s proposed reservoirs in the Cambridgeshire Fens and Sleaford, Lincolnshire closed on 9 August and responses are now being considered and a summary of feedback will be published later this year.

Chilterns Beechwoods SAC

Dacorum BC and Central Bedfordshire Council now have mitigation strategies adopted and have released the moratorium on the grant of planning permissions, subject to the payment of Mitigation fees. The Buckinghamshire Mitigation Strategy was published in August 2024.  The removal of the current housing moratorium awaits the approval of the planning application for a Strategic SANG at Kingsbrook, Aylesbury.   Click here for more information.

Recent Appeal Decisions

  • An outline application for 151 dwellings at Swallowfields, Welwyn Garden City was allowed (24 July 2024)
  • A full application for 9 bungalows at High Road Shillington was dismissed (2 August 2024)
  • An outline application for 9 dwellings on Land off Barton Road Upper Gravenhurst was dismissed (22 August 2024)
  • An outline application for 350 dwellings and commercial and retail development on Land East of A10 Buntingford was allowed (22 August 2024)
  • A full application for 20 dwellings at Clophill Road Maulden was allowed (19 September 2024)
  • An outline application for up to 1,000 residential dwellings and community facilities on Land Between Huntingdon Road and Histon Road, Cambridge was allowed by Rushanara Ali MP, Parliamentary Under Secretary of State for Building Safety and Homelessness, on behalf of the Secretary of State (25 September 2024)
  • A full application for 5 dwellings at Dunstable Road Caddington was dismissed (26 September 2024)
  • An outline application for up to 180 dwellings on land North of Braeburn Way Cranfield was allowed (15 October 2024)

A number of further appeals are pending including:

    • Land north of Biggleswade (Inquiry – 13 August 2024)
    • Land to the East of Langford Road, and North of Queens Way
      and Denny Crescent, Langford (Inquiry – 28 August 2024)
    • Land North of Cobbitts Road Maulden (Written Representations)
    • Land at Lake Street Leighton Buzzard (Written Representations)
    • Land south of Leighton Road Stanbridge (Hearing – 22 October 2024)
    • Land adjacent to High Gables, Clophill Road, Maulden (Written Representations)
    • Land East of Sutton Road, Potton (Written Representations)
    • Land at Flitton Hill, Flitton (Hearing – 13 November 2024)
    • Land at Harlington Road Upper Sundon (Hearing – 27 November 2024)

Recent Planning Caselaw Updates

The case of Cora Homes Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2617 (Admin) concerned a challenge to a decision to dismiss an appeal for the development of up to 45 dwellings (including 40% affordable) in Flore, Northamptonshire. Although three of the four grounds of challenge failed, the court agreed that the Inspector had misinterpreted a Neighbourhood Plan policy as being relevant to the development. The Inspector had found the proposals in conflict with the policy for “small-scale affordable developments” outside a settlement boundary where one of the requirements was that the development should comprise no more than 10 dwellings. The court confirmed that the purpose of this policy was for rural exception sites and the Inspector was wrong to regard this policy as relevant to the appeal proposals.

In the case of Vistry Homes Ltd v Secretary of State for Levelling Up, Housing and Communities & Ors (Rev1) [2024] EWHC 2088 (Admin) two legal challenges to refused appeals for development in the Green Belt were dismissed. The two challenges dealt with issues of previously developed land and the weight to give to BNG and economic benefits. On PDL, the court found NPPF para 49 was key. The policy support for the development of PDL in the NPPF is contingent/conditional on there being no conflict with other policies in the NPPF. Accordingly, there is no NPPF requirement to weigh the benefit of using PDL in a very special circumstances balance to determine whether there is conflict with Green Belt policy.  The court found there was “no legal reason why the Inspector was not entitled to take into account as a factor reducing the weight to be given to the economic benefits, the fact that the scheme was fundamentally contrary to local and national policy and the aim of the plan-led system to deliver sustainable development” and the decision maker did not have to be satisfied or consider whether those benefits could be achieved elsewhere before taking into account conflict with those policies when considering the issue of weight. The court also set out non-exhaustive guidance to assist decision makers assessing the weight to give to BNG. As part of this, the judge commented that it is “difficult to see how logically a decision-maker could give no weight at all to, for example, the provision of 10% BNG because that equated to the 10% requirement in sched. 7A. The fact that such a requirement is imposed by legislation is simply a mechanism for ensuring that a wide range of developments contribute to the collective effort of improving biodiversity in England.”

R (Weston Homes Plc) v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2089 (Admin) concerned a challenge to a Secretary of State decision to refuse a s.62A application for development in Uttlesford. Amongst other findings, the court held that the Inspector “gave less weight to BNG below 10% than he otherwise would have done applying para.174(d) of the NPPF, because it did not meet the new legislative requirement.” In so doing, giving new legislation retrospective effect contrary to transitional provisions in that legislation. The court also found the Inspector’s reasoning was deficient on BNG, indirect harm to an ancient woodland and the benefit of the provision of land for a school extension.

In Basingstoke and Deane Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 1916 (Admin) the court considered S.38(6) of the Planning and Compulsory Purchase Act 2004 which sets out that if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. In the appeal decision, the Inspector had found conflict with the spatial strategy and landscape policies in the development plan but went on to conclude that as the spatial strategy was out-of-date and the degree of landscape harm of only moderate weight, the overall conclusion was that the proposal was in accordance with the development plan as a whole. The court held that the central question to resolve in the case was whether all or some policies in a development plan are either out-of-date or up to date is legally irrelevant to the first part of the s.38(6) test or whether that consideration may only be taken into account under the second limb. The court found that the claimant’s challenge had no legal merit at all, was based on a “highly technical legal point which is wholly unsound” and highlighted that s.38(6) does not lay down how much weight should be given to the development plan – that is a matter of judgment for the decision-maker in the circumstances of a case.

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