1. Title goes here Subtitle goes here Name Surname One Name Surname Two Legal Update 30 September 2015 Beverley Firth

2. Neighbourhood Plans oR(Larkfleet Homes) v Rutland CC (2015) – NDPs can allocate. oR (Gladman Developments) v Aylesbury Vale DC (2014) – NDPs can draw a settlement boundary and restrict housing development beyond it even where there is no up to date containing strategic housing policies. oCrane v SSCLG (2015) – lawful for an Inspector to refuse PP on a site which conflicted with an NDP. oR (DLA Delivery) v Lewes DC (2015) – an NDP can be made even if there is no up to date DPD for it to be in conformity with.

3. Viability appraisals and confidentiality oR(Perry) v Hackney LBC (2014) - decision to grant PP when members had not seen viability reports was lawful. oRoyal Borough of Greenwich v Information Commissioner (2015) – developer’s viability appraisal required to be disclosed. oL B Southwark v Information Commissioner (2014) – part only of the appraisal was required to be disclosed. oR(George Turner) v SSCLG (2015) – Inspector on appeal had not seen the viability appraisals. Challenge unsuccessful. oHallows v Wilson Barca LLP (2015) – legal professional privilege inadvertently waived in an FOIA context.

4. Consultation oWest Berks DC/Reading BC v SSCLG (2015) – flawed consultation exercise because opportunity for “meaningful intelligent response” was denied and the SS failed to take the product of consultation “conscientiously into account”. oDairy Crest Ltd v Merton LBC (2015) – confirmation of TPO quashed due to failure to deal properly with objection. oR (Moseley) v Haringey LBC (2014) – Supreme Court endorses “Sedley criteria”. oR v Brent LB ex p Gunning (1984) – Sedley criteria established.

5. Is it a question of law – or judgment? oR (Larkfleet) v South Kesteven DC (2015) – salami slicing case. Is it a question for the LPA challengeable only on Wednesbury grounds? oTesco v Forest of Dean (2015) – LPA entitled to regard the s.106 package sufficient and passing the CIL Reg 122 tests. oEastleigh BC v SSCLG (2014) – question of whether a 5 year HLS demonstrated is a matter of judgment for the decision maker subject to Wednesbury. oR (Champion) v North Norfolk DC (2015) – legally defective screening exercise but relief refused.

6. The committee report oR (Milton Estates) v Ryedale DC (2015) - report had significantly misled committee about an inspector’s decision on another relevant scheme. oObar Camden Ltd v Camden LBC (2015) – report not sufficient to discharge duty under s.66 Listed Buildings Act and misdirected members as to the EHO’s advice. oDairy Crest Ltd v Merton LBC (2015) – report did not properly identify and discuss the relevant issues. oR (Loader) v Rother DC (2015) – report did not significantly mislead. oMackman v SSCLG (2015) – by contrast, screening opinion adequate even though the Court had to assume officer had taken certain matters into account

7. Others oLawson Builders v SSCLG (2015) – s.73 application resulted in s.73A being engaged because development had already begun. New permission effective immediately on grant. oOxfordshire CC v SSCLG (2015) – Inspector not acting unlawfully in deciding that admin/monitoring costs failed the CIL Reg 122 tests. oWiltshire CC v SSCLG (2015) – Court found a procedural error in this appeal which resulted in the Inspector failing to take account of a material consideration. Nevertheless, PP not quashed. oHubert v Carmarthenshire (2015) – “unless otherwise agreed” struck out of condition.

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