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Karen Mutton, principal associate in the national planning and infrastructure consenting team at Eversheds, Laura-Beth Hutton, senior associate in the national planning and infrastructure consenting team at Eversheds and Angus Walker, partner in the planning and infrastructure team at Bircham Dyson Bell consider what lies ahead for planning lawyers in 2017.
This is an excerpt from a planning analysis,
published on Lexis®PSL, which also takes a look at what are likely to be the most important cases, the
impact of Brexit and its impact on client and business developments. Sign up for a free trial to access the full analysis on Lexis®PSL Planning.
Karen Mutton & Laura-Beth Hutton: In July 2015, the government issued a Written Ministerial Statement that sought to address the failure of a number of local planning authorities to produce a local plan in the decade since the enactment
of the Planning and Compulsory Purchase Act 2004. This required plans to be in place by ‘early 2017’ to avoid intervention by the Secretary of State. We are approaching the cut-off date, and those powers of intervention have
recently been strengthened by the Housing and Planning Act 2016 (HPA 2016) to allow the Secretary of State to make a local plan on behalf of an authority that fails to do so or indeed to prepare or revise any development plan document. This power can be exercised if the Secretary of State thinks
that the local planning authority is ‘failing or omitting to do anything it is necessary for them to do in connection with the preparation, revision or adoption of a development plan document’. It will be interesting to see how these wide-ranging
powers are exercised while
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