BREATHING NEW LIFE INTO LAW

HOUSING DELIVERY AND GROWTH – KEY REFORMS, LEGAL PITFALLS AND SOLUTIONS Jay Mehta, Associate Solicitor ProCon Leicestershire, Leicester City Hall 15 March 2016

3 INTRODUCTION  About Howes Percival and me …  Who we are?  What we do for our clients?  This evening’s legal update and practical tips:  Housing and Planning Bill  The case of West Berkshire District Council and small sites  Court of Appeal’s impending decision on 5 year HLS  Practical consequences for EIA following the Supreme Court ‘s decision in Champion v North Norfolk District Council

4 THE HOUSING AND PLANNING BILL  Key proposals:  Permission in Principle  Brownfield Register  Small Sites Register  Section 106 Dispute Resolution  Devil is in the detail…  Question of timing…too little too late?

5 WEST BERKSHIRE DC AND SMALL SITES  West Berkshire District Council v Department for Communities and Local Government (C1/2015/2559)  NPPG – 10 unit or 1,000 square metres affordable housing exemption.  High Court held to be unlawful. Appeal Court hearing on 15 and 16 March  Outcome awaited but consider:  Conditional s.106 Agreements;  Viability and S.106BA.

6 THE COURT OF APPEAL ON 5YHLS  Hopkins Homes, Richborough Estates and Others  Presumption in favour of sustainable development – NPPF paragraphs 49 and 14  What are “relevant policies” for the “ supply of housing”…  Court of Appeal has provided “reserved judgment”  A change in the presumption – hopefully not!

7 THE SUPREME COURT ON EIA  Matthew Champion v North Norfolk District Council & another [2015] UKSC 52  Screening “EIA development” and Appropriate Assessment  The Supreme Court’s advice:  Appropriate Assessment – just do it!  EIA – must be done in a particular way at the right time!  Most important lesson…better to be safe than sorry!

8 ANY QUESTIONS?

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