Outline 28: Case Law Update - 29 February 2024

In this session Trevor Ivory (Partner and UK Head of Planning) is joined by Henry Jeffreys (Senior Associate) to discuss recent cases of particular note from the last 12 months. They consider:
- Substation Action Save East Suffolk Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero & Ors [2024] EWCA Civ 12 (17 January 2024) (https://www.bailii.org/ew/cases/EWCA/...) looking at flood risk and application of the sequential test to various sources of flooding
- Two cases considering the Pilkington principle and application of the Hillside decision of the Supreme Court Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 (02 November 2022) (https://www.bailii.org/uk/cases/UKSC/...) relating to whether and how a new planning permission might override an existing permission so that further development of the original scheme is not possible:
- Dennis, R (On the Application Of) v London Borough of Southwark [2024] EWHC 57 (Admin) (17 January 2024) (https://www.bailii.org/ew/cases/EWHC/...) considered the concept of "severable" permissions and whether a phased permission could be seen as a series of separate planning permissions, allowing "drop-in" permissions for certain phases.
- Fiske, R (On the Application Of) v Test Valley Borough Council (Rev1) [2023] EWCA Civ 1495 (15 December 2023) (https://www.bailii.org/ew/cases/EWCA/...) discussing how incompatible planning permissions, in this case relating to a solar park, should be considered by a decision maker.

Trevor and Henry consider how applications under sections 96A, 73 and the new 73B of the Town and Country Planning Act 1990 might be used to amend planning permissions.