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Articles by Roy Pinnock
He who wants the world to remain as it is doesn’t want it to remain at all
I saw these words stencilled onto the Berlin Wall in 1994 and they have had a lasting impact on me. How do we change – progress – without abandonment and destruction? How many eggs do we break to make the omelette? How do we move from reacting, to planning – vision, bravery, risk, commitment – and then to delivery? These are the things the new Government is grappling with.
Data Centre Refusal Highlights Strategic Challenges. Again…
The Labour Manifesto commits to an industrial strategy that “supports the development of the Artificial Intelligence sector and removes planning barriers to new datacentres“. A recent decision to refuse permission in the Slough ‘Availability Zone’ shows the limits of a Hyper-local planning system in dealing with Hyper-scale needs.
Data centre refusal highlights challenges
The Ministerial decision on a Recovered appeal for a ‘hyperscale’ data centre in West London shows the challenges of meeting data needs in a policy vacuum and contains some lessons for anyone promoting development on a Very Special Circumstances case. The West London Technology Park proposed a 163,000sqm, 147MW, data centre on a 52-hectare former landfill site alongside the M25, in the Green Belt.
Net Gain - Regime Coming Into Focus
The Government’s summary and response to the Biodiversity Net Gain regulations and implementation consultation (which ran from January to March 2022) sets out the shape of the regime to come for mandatory provision and trading of BNG. Various regulations and guidance will follow but the headline points are: 1. Timing: Mandatory BNG under Schedule 7A TCPA 1990 will begin in November 2023 (but the transition period for small sites has been extended to April 2024).
Upward Extension Tangles: On the pitfalls & opportunities of Permitted Development Rights
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Buyers spent a record £5.2bn on PCL property last year
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Upward Extension Tangles
The High Court judgment in Schneck v SoS Levelling Up, Housing & Communities (21 December 2022) illustrates some pitfalls and opportunities where two sets of Permitted Development Rights (PDR) are being explored – to convert commercial buildings to residential use and then extend them upwards.
When the Wind(fall) Blows: Controversial commercial-to-residential permitted development rights, explained
When the Wind(fall) Blows: Controversial commercial-to-residential permitted development rights, explained Last week’s expansion of permitted development rights on high streets came as “a bit of shock”, says Roy Pinnock, a partner in the Planning & Public Law team of the world’s biggest law firm, Dentons. Changes announced by Housing Secretary Robert Jenrick open up many more commercial properties for residential conversion without the need for full-fat planning permission.
UK Freeports: an opportunity for businesses? | JD Supra
The UK government has long cited the establishment of Freeports in the UK as one of the opportunities offered by Brexit. As we reported in February, it has launched a consultation1 which identifies its policy objectives and its current thinking about the key elements, and invites comment. The consultation closes on 13 July.
Planning Agreements: Executing Deeds - Reforms, for the New Normal | Lexology
European Union, United Kingdom
April 7 2020 Our previous blog covered getting Committee resolutions in place. Delivering on them will require a range of agreements to be completed. Although many authorities are still working hard to negotiate planning agreements, there is a risk that they pause completion in light of the challenges of getting the seal, the engrossments and the authorised person in the same place.
Planning Authority Fixes, for Now + Reforms, for the New Normal: Meetings | Lexology
Our previous blogs have dealt with changes to CIL and permissions needed to deal with current lockdown. This blog addresses the Government’s short terms fix for local committee decision making and suggests other short, medium and long term solutions to provide a way through the next 9-12 months and then ensure long term resilience.
Planning for the New Normal - Conditions, CIL , Viability and Appeals | Lexology
Planning is a constant state of flux but very little changes. One of the best remedies for congestion has sometimes been to leave the system to settle and then deal with the real issues without the distraction of process engineering and policy posturing. The current Covid-19 crisis is an exception to that rule. It underlines and exacerbates current resource shortages. It also shines a light on the process constraints imposed by a very analogue system.
Just A Phase? CIL Starts Need Care
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Section 73 Changes Don't Let The Gremlins In
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Section 73 Changes - Don’t Let the Gremlins In | Lexology
United Kingdom
January 14 2020 The Court of Appeal’s decision in Finney v Welsh Ministers in late 2019 – that Section 73 permissions cannot alter the description of development – should not have come as a shock. We noted in the original Lambeth appeal case that S73 should be approached as doing what it says in the 1990 Act – authorising development other than in accordance with conditions imposed on the original grant of permission.
General Election 2019: Vote Planning
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