1. www.howespercival.com BREATHING NEW LIFE INTO LAW

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

3. 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. 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. 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 2016.  Outcome awaited but consider:  Conditional s.106 Agreements;  Viability and S.106BA.

6. 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. 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. 8 ANY QUESTIONS?

9. 9 AGILE ENERGETIC ENTREPRENEURIAL COMMERCIAL INNOVATIVE EXPERIENCED Thank you for attending today and we hope you found this presentation interesting. If you need further advice or assistance, please speak to a member of the team. ©2016 Howes Percival LLP. All rights reserved. Howes Percival LLP is a limited liability partnership registered in England and Wales with registered number OC 322781 and is authorised and regulated by the Solicitors Regulation Authority. A list of members’ names is open to inspection at our registered office: Oxford House, Cliftonville, Northampton NN1 5PN. Howes Percival LLP is a regional law firm operating across the heartland of England with offices in Cambridge, Leicester, Manchester, Milton Keynes, Northampton and Norwich. Howes Percival has expertise and resources usually associated with much larger national and city firms and provides top quality legal services to businesses and individuals. The firm prides itself not only on the expertise of its lawyers, but on their energetic, agile and commercial approach. The information about legal matters is provided as a general guide only and should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action. CAMBRIDGE LEICESTER MANCHESTER MILTON KEYNES NORTHAMPTON NORWICH