The Planning Podcast: Recent Episodes
Richard Kimblin QC
With Richard Kimblin QC, No5 Chambers and guests provide expert commentary on planning & environmental law; planning appeals; judicial review; local authorities; and the housing and development issues facing England and Wales.
Effective enforcement is key to ensuring a functional planning system, but the legal provisions can be complex. Recent statutory changes have modified long-standing rules around enforcement time limits and other key enforcement functions while, in May 2024, the Court of Appeal handed down judgment in the case of Caldwell, providing guidance on the application of the Murfitt principle. Anna Stein and Daniel Henderson discuss the various changes, and consider the impact that they will have on the field of planning enforcement.
Finch is a Supreme Court judgment which has been long awaited. It deals with the effects of development which are ’downstream’. Many practitioners want to know how their schemes might, or might not, be affected by the need to assess green house gas emissions which arise within ’Scope 3’. With Odette Chalaby and Sioned Davies, The Planning Podcast scopes out some of impacts of the judgment.
You have seen the posts about the Green Belt Summit, but you want a bit more of the inside track on this event? Well, the Planning Podcast can help with this trailer.
To secure a place, book here. https://www.no5.com/2024/05/greenbelt-summit/>
And here is the link to Fields in Trust. https://fieldsintrust.org/>
In the third of a trio of ‘how did we get here?’ podcasts, Daniel Henderson, planning and environmental barrister at No 5 Chambers, maps out the costs regime for High Court challenges to planning and environmental decisions. It has a history, and if you don’t get where is came from you will not fully understand your position in a case where costs protection is in place. There is a note here.
In the second of a trio of ‘how did we get here?’ podcasts, the Planning Podcast assists listeners with habitats issues. If you were not ‘in planning’ when Dilly Lane was a hot topic or you want to know why the Ashdown Forest seems to be in so many cases, then Jess Allen, planning and environmental barrister at No5 Chambers will explain. There is a note here.
In the first of a trio of ‘how did we get here?’ podcasts, Daniel Henderson, planning and environmental barrister at No 5 Chambers, maps out the key stages in policy change, case law and legislative action which changed the way that we plan development, starting with the advent of localism.
"But it's in the wrong place" is a six-word summary from the Inspector’s lengthy consideration of the evidence in an inquiry into a 350 unit, mixed use scheme in South Oxfordshire. James Corbet Burcher joins Richard Kimblin KC to explain the context and the learning from this Secretary of State decision, upholding confidence in neighbourhood planning despite weighty scheme benefits.
Whether you are an infrastructure developer, an infrastructure provider, a promoter or decision-maker for EIA built development, how do you decide what needs to be assessed, and how?
Three recent cases illustrate the problems and provide strong guidance on what needs to be done to arrive at a lawful conclusion. Odette Chalaby explains.
The Planning Podcast takes a summer diversion from planning and environmental law to the professions we work with and practical routes into them.
Danielle Dawson (Product Development Manager at Aggregate Industries) and Lisa Newland (Central Bedfordshire’s Academy and Enabling Team Planning Manager) give a view from the inside of apprenticeships. Both are positive, inspiring guests who show us an exciting route out of recruitment drought.
The Labour Party has mooted the idea of compulsory purchase of land for housing by local authorities and amendment of the rules on compensation. It is a complex area. It raises at least these questions:
- what is the problem which is being targeted;
- what drives land value and where are they different;
- how would the proposal affect new settlements, if at all;
- are there existing mechanisms to achieve the same end;
- how would land-owner behaviour change;
- are the CPO and valuation stages the same and what position might an objector take;
- are there perverse consequences for local plan preparation?
That is a long list, and so this is a detailed episode of the Planning Podcast, with three experts: Richard Blythe (Head of Policy and Practice at the RTPI); Paul Brocklehurst (Chairman of the Land Promoters and Developers Federation), and; Christian Hawley, barrister at No5 Chambers, joining Richard Kimblin KC to tease out the issues.
Potential effects on a European Site/Habitats Regulations/Appropriate Assessment. Does reserved matters approval/discharge of conditions require AA, potentially halting a development? The latest chapter on nutrient neutrality/eutrophication: the case of CG Fry. This is an impromptu Planning Podcast with Christian Hawley and Richard Kimblin KC giving the context and result of this High Court judgment.
In this episode we take a thematic tour through recent cases on decision-taking in planning. It a tour de force from Hugh Richards and Howard Leithead, compressing case after case into 25 minutes of learning - with notes!
NDMPs – national policy and its impact on planning decisions
In this Planning Podcast, James Corbet Burcher helps us with the content, rationale and benefits of national development management policies. In turn, they have an impact on planner’s favourite statutory provision.
And this Planning Podcast comes with notes!
In this Planning Podcast, James Corbet Burcher helps us look ahead to plan making as envisaged in the Levelling Up etc Bill.
What timescales do we need to have in mind when making strategic decisions? Which changes in content of local plans will have an impact? How is the electoral cycle affecting the measures? And this Planning Podcast comes with notes!
The Planning Podcast returns this new year for a very particular purpose and that is pupillage – the on the job training which is required for practice. It is a very hard position to secure and a testing and formative process for those who do obtain a pupillage. That application process opened last week, so lets talk about it.
Planning and environmental law is not on the radar of every law student. So, the planning podcast has tried to help a little, with Anna Stein, a successful pupillage applicant and to Christian Hawley, planning and environmental barrister at No5 Chambers, and much valued contributor to this podcast.
In this episode of the Planning Podcast, we go on journey; a sustainable journey around the Duchy of Cornwall’s development at Nansledan, Newquay, in Cornwall. But our journey is an ambitious one – a journey around an urban extension which really is a new place – which is walkable – which creates an economy and establishes a community. We have two guides. Lord Matthew Taylor is a key thinker behind the garden settlement movement and the pruning and rationalisation which resulted in the 2012 Framework. The Duchy’s Estates Director is Ben Murphy. He knows the vision, implementation and current function of this new community and new place like nobody else. We are privileged to have them both with us.
Environmental statements and climate change impact – [1] Dissent in the Court of Appeal
In this episode of the Planning Podcast, Richard Kimblin QC is joined by Harj Narulla to help listeners get to grips with a tricky set of issues: what is an EIA project?; in what way do climate change effects have to be taken into account in an ES?; and what can lawfully be left out of account? The case of Finch helps with these questions and we are guided through that judgment, which was decided 2:1 – so, a case giving rise to dissent.
More climate change assessment – [2] Dissent in the High Court
In this episode of the Planning Podcast, Richard Kimblin QC is joined by Will Rundle, Head of Legal at Friends of the Earth, to outline how, in the opinion of one judge in the High Court, an unreasonable assessment of climate effects can make a decision unlawful. Unusually, two judges sat to hear the case, brought by FoE. One of them found that assessment was irrational. We have a look at why that was so.
Planning takeaways from the White Paper.
In this episode, Sioned Davies picks out the key messages which have an impact on town centres, employment land policy, Green Belt and devolution, so that you do not have to read all four documents and the 332 page White Paper.
In this edition the Planning Podcast looks at the relationship between environmental regulators, the courts and the planning system. With his guests, Odette Chalaby and Carl Copestake (Knights LLP), Richard Kimblin QC turns to the recent Court of Appeal decision in R (oao) Mathew Richards v Environment Agency [2022] EWCA Civ 26.
In this practical take on motorway service areas and Green Belt very special circumstances, Christian Hawley and Thea Osmund-Smith join Richard Kimblin QC in identifying the ‘what’ and the ‘how’ in this competitive area of work.
A challenge to a North Sea consent might not immediately strike you as a ’need to know’. But if you do need to know any of the following, listen in: (1) what happens if EIA development is adverstised in breach of the regulations; (2) how do you assess the carbon impacts of a development? (3) is climate litigation on an uptick? (4) why do claimants bring climate cases? (5) what are the targets for those cases. With Howard Leithead and Harj Narulla, Richard Kimblin QC takes in different perspectives on climate litigation, with no blah.
Article:
https://www.no5.com/media/news/greenpeace-fails-in-attempt-to-challenge-bp-s-vorlich-field/
Webinar:
https://youtu.be/RZq1bojW6iI
Back for the autumn, the Planning Podcast turns to a five-case legal update. What did you miss while enjoying the summer? Leanne Buckley-Thomson and Oliver Lawrence provide great insights into what can go badly wrong at planning committees and whether an interested party in a JR can recover some of its costs, amongst many other snippets.
In this episode, The Planning Podcast looks to Wales for a lead. We find positive, modern and innovative approaches to the environment, building a cohesive society and planning for development at a strategic scale. The lead is extending and changing as so ably discussed by Dr Victoria Jenkins, associate professor of law at Swansea University, David Harries, Partner at Aaron and Partners and Sioned Davies, planning and environmental barrister at No 5 Chambers. Together, they bring Richard Kimblin QC up to speed with the policy and legal vision in Wales and how and why it differs from that in England. With both planning and environmental reform in England now on foot, it’s a great time to look to Wales and learn.
The Planning Podcast looks at the long, indeed the seemingly never-ending, examination and considers the scope for and potential impact of reform. With guests Jerry Youle, Inspector and Professional Lead for local plans at the Planning Inspectorate, Satnam Choongh, Planning and Environmental barrister at No5 Chambers, Tim Burden and David Murray-Cox, each planning Directors at Turley, Richard Kimblin QC explores the practical problems which can cause local plan examinations to take years, and what might be done to help.
The Ox-Cam Arc. In one of the Planning Podcast’s ‘long-listens’, we bring together guests with long experience and real insight into planning for one of England’s most complex and dynamic areas in which so much is playing out: linear infrastructure; local and London’s unmet housing need; connecting hubs of growth and innovation; spatial strategies across districts and regions; new governance structures and a particular role for Government in forward planning.
We are grateful to all of Richard Kimblin QC’s guests: Satnam Choongh, Catriona Riddell, Dave Valler (Oxford Brookes) and Daniel Francis (Carter Jonas) for contributing to this episode which seeks out the primary rationale for the Ox-Cam Arc, how the spatial vision can be identified with a consensus might produce something like the RPG which some of us recall.
'Let’s meet!’ - what does that mean?
In a rather more formal context, that is what the High Court had to decide last week with the widely reported outcome that local authority council meetings may not continue to take place virtually in England, absent primary legislation.
That is the spoiler about the result of the case, but how and why did we get to that position and what are the practical work arounds? There is quite a lot in that, as Jack Smyth explains to Richard Kimblin QC.
Including update from 4th May ancillary judgement.
The Planning Podcast turns to look at the practical effect of town and village green registration through the case of TW Logistics. Where a long standing use and activity co-exists with recreational uses, will that activity mean that the landowner will commit an offence under the ‘Victorian Statutes’? Richard Kimblin QC’s guests are Rowena Meager and Sioned Davies, both planning and environmental barristers at No5 Chambers, who explain the essential background, the practical legal effect and draw attention to the potential effects of registration.
As we approach the anniversary of remote working, Richard Kimblin QC and guests share practical tips and guidance for future virtual and hybrid hearings, inquiries, examinations and trials. Richard is delighted to introduce Sioned Davies to The Planning Podcast, joined by regulars Oliver Lawrence and Howard Leithead, all planning and environmental barristers at No5 Chambers. What have we learnt over the past 12 months and how can we make a positive move forward?
Richard Kimblin QC hosts a short podcast with Satnam Choongh and Christian Hawley, planning and environmental barristers at No5 Chambers, to look at two cases from the Court of Appeal which address the tilted balance. When and how do you get to the presumption in favour of sustainable development, and what may lawfully be done with it when it is in play?
Planning Podcast 101 - adding Court of Appeal cases on paragraphs 11 and 90 of the Framework in the same short podcast! Looking at routes to the presumption in favour of sustainable development and what retail policy in paragraph 90 means. With Satnam Choongh, planning and environmental barrister at No5 Chambers, Richard Kimblin QC introduces the first of a pair of Planning Podcasts looking at practical points from two recent Court of Appeal Cases. The second part of this podcast will follow next week - looking at two more Court of Appeal cases on the presumption.
Spotting key themes and evolving issues from 2020, the top tips team turns to small housing sites; the continued impact and evolution of the Rosewell Review (with a paper from Howard Leithead here); the recovery, a top tip from Leanne Buckley-Thomson (which also the subject of a note here) and an issue which will dominate for decades to come - climate. With sincere thanks for lending us your ears during the last, tricky, nine-months, stay safe and do enjoy a peaceful and relaxing Christmas.
https://www.no5.com/media/publications/a-right-to-cross-examine-the-current-position/
https://www.no5.com/media/news/r-v-1-canterbury-city-council-2-redrow-homes-south-east-2020-ewca-civ-1588/
With the ever-up-to-date-team of Leanne Buckley Thomson, Howard Leithead and Oliver Lawence, a package of what has made them sit up and take notice in the planning and environmental world in the last couple of weeks: highways impacts and the Framework, a curious consent in Snowdonia and an update on penalties for environmental offences.
You might think it is obvious – you increase housing land supply, you improve affordability. That is a premise of much forward planning and of Planning for the Future. Is that correct and straightforward, or not?
Here, in detailed examination of the issues, in a deliberately ‘long-listen’ we are joined by Dr Nikodem Szumilo, Associate Professor at the Bartlett School of Construction and Project Management at UCL, and by Richard Blyth, Chief Policy Officer at the RTPI. Together with Satnam Choongh, planning and environmental barrister at No5 Chambers, Richard Kimblin QC introduces us to the detail and develops the issues. And you would like to read further then go to: Environment and Planning A: Economy and Space 51, Environment and Planning A: Economy and Space no. 1 (2019): 25-50. Bernard Fingleton, Franz Fuerst, Nikodem Szumilo
The Planning Podcast turns to design, coding and making beautiful places for communities. With Professor Robert Adam, in conversation with Leanne Buckley-Thompson, planning and environmental barrister at No5 Chambers. Leanne gets us focussed on what is happening and proposed, Professor Adam maps out what we can achieve with more certainty of design and what the consequences tend to be for communities, and risks for site promoters. It is a terrific topic which is at the heart of what we all do, whatever your role in place making.
With the ever-up-to-date-team of Leanne Buckley Thompson, Howard Leithead and Oliver Lawence they have packaged up a short and quick fire review of what has made them sit up and take notice in the planning world in the last couple of weeks.
First up for the Autumn is the Environment Bill and more particularly, environmental targets – what are they replacing, what is industry, affected sectors and the Government’s thinking on how those targets should best be set; how and when are they enforced; and what has running a marathon got to do with it? With Nina Pindham, planning and environmental barrister at No5 Chambers, Council member and Trustee of the United Kingdom Environmental Law Association, we get right up to date.
From one of the leading barristers in this field Richard Kimblin QC, Planning Appeals is a practitioner-focused text dedicated to the law and practice of planning appeals in England and Wales. With particular emphasis on hearings and inquiries, this practical ‘how to’ title offers a step-by-step guide to commencing and framing a case, and explains how to support it effectively with appropriate evidence.To mark publication, the Planning Podcast has turned to the topic of Planning Appeals via two conversations: the first with Bridget Rosewell OBE, author of the Independent Review of Planning Appeal Inquiries; the second with James Corbet Burcher. Together they contribute many insights into the key elements of the modern planning appeal
The second of a two part episode.
From one of the leading barristers in this field Richard Kimblin QC, Planning Appeals is a practitioner-focused text dedicated to the law and practice of planning appeals in England and Wales. With particular emphasis on hearings and inquiries, this practical ‘how to’ title offers a step-by-step guide to commencing and framing a case, and explains how to support it effectively with appropriate evidence. To mark publication, the Planning Podcast has turned to the topic of Planning Appeals via two conversations: the first with Bridget Rosewell OBE, author of the Independent Review of Planning Appeal Inquiries; the second with James Corbet Burcher. Together they contribute many insights into the key elements of the modern planning appeal
The Planning Podcast turns to infrastructure. Richard Kimblin QC interviews Angus Walker, Chair of the Board of the National Infrastructure Planning Association: progress with the consenting of infrastructure projects during the emergency whether consenting procedures might actually be better after the emergency infrastructure and economic recovery. And ‘Drax’ - a case with a mix of Net Zero, a DCO and a late letter to the Secretary of State - Hugh Richards, planning and environmental barrister at No5 Chambers takes us through the facts, the issues and the practical points arising. And there is Hugh Richards' follow-up note here: (https://www.no5.com/media/publications/the-client-earthdrax-case/)
In this edition, Richard Kimblin QC meets Ian Kemp, a programme officer who is known to many of you, and Thea Osmund-Smith, planning and environmental barrister at No5. The Planning Podcast takes its first look at local plans and their examination. We take a look at the inside of an examination in public – some tips from the gatekeeper – the programme officer –virtual hearings, electronic documents and helicopters. And a reminder about two legal bear traps for local plans – duty to cooperate and strategic environmental assessment, with some lessons from the JSP for the West of England, from which there are some materials to consider on the No5 Chambers website (Opinions of Richard Kimblin QC and Thea Osmund-Smith).https://www.no5.com/media/2066/opinion-of-richard-kimblin-qc-as-made-public-in-submissions-in-respect-of-the-jsp-west-of-england.pdf and https://www.no5.com/media/2067/opinion-of-thea-osmund-smith-made-available-in-representations-in-respect-of-the-jsp-west-of-england.pdf
Richard Kimblin QC is joined by Scott Stemp & Howard Leithead, planning and environmental barristers from No5 Chambers, about planning enforcement, the issues arising with the Covid-restrictions, and a great new book!
The Business and Planning Act 2020: how amendment to the Town and Country Planning 1990 Act may change the mix of appeal procedures; what might be the consequent changes in the rules?; what the real practical effects are likely to be: will they make appeals less able to get the heart of the issues, or will they make appeals more effective and more focussed?; Howard Leithead, planning and environmental barrister at No5 Barristers' Chambers, takes us through the changes, the impacts and the practical points arising.
Oliver Lawrence joins Richard Kimblin QC to talk through experience of virtual hearings, examinations and trials as we look at the upsides, the downsides and how you might want to influence the way in which your case is heard.
In this edition we turn to cities. With Ben Rogers, Director of the Centre for London, we explore major issues arising from the pandemic: the immediate downturn; suppressed demand; the role of innovators and the young. We turn to planning reform, zoning, design codes and participation by communities. We look at planning levers beyond regulation - how tax, including local taxes could be a tool to promote or disincentivise different uses and developments.
Richard Kimblin QC, Jack Smyth & Hashi Mohamed discuss remote hearings, what is a dwelling, and Madness - the band not the condition.
How local authorities are approaching thir ambitions for 'Net Zero'. What are the implications of the Covid crisis on the Climate crisis? Richard asks Nina Pindham to give an overview of the legislative duty to achieve 'Net Zero'. What progress are Birmingham making in their 'Route to Net Zero' and what can be learnt from Nottingham City Council?
Richard Kimblin QC and his guest Christian Hawley, planning and environmental barrister at No5 Chambers, discuss Covid-consequences as seen early in the first lockdown. The Planning Podcast looks at: recession, small builders, small housing sites, policy changes post the 2008 liquidity crisis and the 2010-12 series of dips in growth; affordable housing and levers to spur economic activity, shore up housing numbers and meet delivery tests. All of this was pre 'Build, Build, Build' and pre 'Planning for the Future' but it remains very much the context and backdrop for what we are experiencing now - Christian's crystal ball!
An Introduction to The Planning Podcast from No5 Chambers with Richard Kimblin QC.
Richard tempts you to engage with the fascinating and insightful content from a collection of first class contributors.
All recorded over the past 6 months during lock-down.