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50 Shades of PlanningNeutral Impact III (and a bit of Green Belt)When Sam Stafford first covered nutrient neutrality, in February 2021, he described the process of eutrophication as a bit like the podcast itself: a little niche, but very important.
When Sam published a second episode in September 2022 it had grown in importance to the extent that Prime Minister Liz Truss had pledged to "scrap nutrient neutrality rules".
A Government press release issued in August 2023 stated that “through an amendment to the Levelling Up and Regeneration Bill (LURB), the Government will do away with this red tape and allow for the delivery of more than 100,000 new homes des...2024-06-0158 min
The Planning PodcastThe Planning Podcast Ep 043 “But it's in the wrong place ”"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.2023-11-0709 minThe Planning PodcastThe Planning Podcast Ep 040 - Capturing hope value - an expert discussionThe 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 prepar...2023-07-2358 minThe Planning PodcastThe Planning Podcast Ep 039 - An impromptu Podcast on CG Fry - a case on nutrient neutrality and planning decisionsPotential 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.2023-07-0312 minThe Planning PodcastThe Planning Podcast Ep 032 - Environmental statements and climate change impact – [1] Dissent in the Court of AppealEnvironmental statements and climate change impact – [1] Dissent in the Court of AppealIn 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.2022-04-0621 minThe Planning PodcastThe Planning Podcast Ep 033 - More climate change assessment – [2] Dissent in the High CourtMore climate change assessment – [2] Dissent in the High CourtIn 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.2022-04-0620 minThe Planning PodcastThe Planning Podcast Ep 031 - Walleys Quarry - 2022-02-07In 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 26.2022-02-0718 minThe Planning PodcastThe Planning Podcast Ep 029 - From MSA to VSC - 2022-01-25In 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.2022-01-2528 minThe Planning PodcastThe Planning Podcast Ep 028 - Climate litigation: what’s the point? 2021-11-05A 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...2021-11-0527 minThe Planning PodcastThe Planning Podcast Ep 026 - Wales 2021-06-10In 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...2021-06-1039 minThe Planning PodcastThe Planning Podcast Ep 025 - The Long ExaminationThe 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.2021-05-2144 minThe Planning PodcastThe Planning Podcast Ep 024 - The Ox-Cam Arc 11-05-2021The 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 co...2021-05-111h 05The Planning Podcast'Let’s meet!’ - what does that mean?'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 judgem...2021-05-0519 minThe Planning PodcastThe Planning Podcast 022 - Village Greens - does a lawful use become a criminal offence?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.2021-03-0924 minThe Planning PodcastThe Planning Podcast 021 - A year of screen time: practical tips to improve performance in virtual hearingsAs 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?2021-03-0225 minThe Planning PodcastThe Planning Podcast 020 - Two court of Appeal Cases part two 15-02-2021Richard 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?2021-02-1523 minThe Planning PodcastThe Planning Podcast 019 - Two Court of Appeal Cases part one 01-02-2021Planning 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.2021-02-0216 minThe Planning PodcastThe Planning Podcast 016 - Affordability crisis - does supply really help?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 is...2020-11-2052 minThe Planning PodcastThe Planning Podcast 011 - Planning Appeals Part 1 with Bridget Rosewell OBE 09-09-2020From 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 Corb...2020-09-1830 minThe Planning PodcastThe Planning Podcast 012 - Planning Appeals Part 2 with James Corbet Burcher 09-09-2020The 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 P...2020-09-1820 minThe Planning PodcastThe Planning Podcast 007 - Infrastructure with Hugh Richards and Angus Walker 30-06-2020The 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...2020-09-1837 minThe Planning PodcastThe Planning Podcast 006- Local Plans [1] with Thea Osmund-Smith 10-06-2020In 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...2020-09-1828 minThe Planning PodcastThe Planning Podcast 004 - "Planning Enforcement" with Scott Stemp and Howard Leithead 15-05-2020Richard 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!2020-09-1827 minThe Planning PodcastThe Planning Podcast 009 - "Virtual Hearings" with Oliver Lawrence 23-07-2020Oliver 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.2020-09-1815 minThe Planning PodcastThe Planning Podcast 003 - "Planning and the Courts" with Hashi Mohamed & Jack Smyth 11-05-2020Richard Kimblin QC, Jack Smyth & Hashi Mohamed discuss remote hearings, what is a dwelling, and Madness - the band not the condition.2020-09-1720 minThe Planning PodcastThe Planning Podcast 001Richard 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! 2020-09-1718 minThe Planning PodcastThe Planning Podcast Ep 000 - INTROAn Introduction to The Planning Podcast from No5 Chambers with Richard Kimblin KC.Richard tempts you to engage with the fascinating and insightful content from a collection of first class contributors. 2020-09-1601 min