PEBA

News & Events

Current news & events

Leading Planning Cases Authority Book

Posted: 26 Nov 2019

As many of you will know, for some time now PEBA has been in discussion with the Planning Court about the production of a core volume, or bundle containing the most frequently cited planning cases. I am delighted to announce that this project has finally come to fruition, with the publication by the ICLR of the Leading Planning Cases Authority Book.

Whilst I have no doubt that everyone will be able to name at least one additional case they think should have been included, the cases selected have been chosen in close consultation with members of the Planning Court (notably Mr Justice Holgate) and Lord Justice Lindblom. Some of the well-known High Court decisions which have not been included are, of course, referred to and endorsed in more recent Court of Appeal authorities such as Mansell v Tonbridge & Malling.

The Planning Court is taking steps to ensure that all judges in the Planning Court have access to a copy of the book, in the expectation that, from 1 January 2020, it will become a standard reference work which reduces the need for the repeated, one-use-only photocopying of judgments for inclusion in the bundles of authorities in individual cases. It will also ensure that the court has cited to it the preferred reports of these cases, in accordance with Practice Direction (Citation of Authorities) [2012] 1 WLR 780.

It is not yet known whether the Planning Court will issue specific guidance on how the book should be used. In the meantime, however, Mr Justice Holgate has indicated that:

  • An advocate leaving authorities out of bundles will need to make sure that opponents appreciate that the book is being relied upon.
  • An advocate should make it clear in his, or her skeleton that the book will be cited and should give the usual citation references for the cases, plus the relevant internal pagination within the ICLR book.
  • An advocate will also need to think about supplying copies of the authorities to a litigant in person. Alternatively, the advocate could lend a copy of the book to that party.

PEBA strongly encourages all members to use the book wherever possible. Copies can be obtained from the ICLR for £95 (or £90 per volume if buying 10 or more). Details can be found at https://www.iclr.co.uk/planningcases/.

PEBA would like to express its gratitude to Richard Ground QC and Ashley Bowes for their hard work in bringing this about.

May 2019 PEBA Update

Posted: 30 May 2019

Further to the Spring 2019 newsletter, we would like to bring your attention to three matters:

  1. The PINS fast track appeals pilot is now underway. Do let us know (by informing any member of the PEBA committee) if you have had experience of the operation of the pilot project which you would like us to raise at our next meeting with PINS.
  2. Following the highly successful PEBA conference held at Hogan Lovells on 17 May 2019, the next open PEBA events are: (1) the AGM which will be held on Thursday 18 July 2019 at FTB at 5.45 pm; and (2) the annual advocacy seminar to be held on the evening of Thursday 17 October 2019 at Cornerstone at which Christopher Katkowski QC will be speaking on “Post-Rosewell Advocacy.” It is also intended that a roundtable be held at a date to be arranged in the autumn to discuss wellbeing at the Planning Bar.
  3. Members will be aware that Sir Duncan Ouseley retired from the High Court bench on 17 May 2019. He was appointed to the High Court in 2000, serving as Lead Judge of the Administrative Court from 2010 to 2015. He has made an outstanding contribution in our field both as an advocate and as a judge and the PEBA committee is considering how best to mark our recognition of this.

PEBA Spring Newsletter 2019

Posted: 29 May 2019

Our last newsletter was produced in July 2018. This newsletter summarises PEBA’s activities since then.

To view our summer newsletter please click here

Women in Planning

Posted: 17 Oct 2018

For those interested in news and events relevant to Women in Planning, please click here to be referred to their website.

Rosewell Review into Planning Inquiries

Posted: 16 Oct 2018

The PEBA Questionnaire Response and PEBA Response documents are available to view.

To view the PEBA Questionnaire Response, please click here

To view the PEBA Response documents, please click here

New guidance on presenting Expert Evidence as a Planner at planning appeals

Posted: 16 Oct 2018

The RTPI and PEBA have collaborated on new expert evidence advice.

To view the document, please click here

Consultation Response

Posted: 3 Aug 2018

PEBA has replied to the Consultation Paper from the Queen’s Counsel Appointments Scheme.  The response can be viewed here.

PEBA response to consultation on the draft NPPF

Posted: 11 May 2018

PEBA has recently responded to the public consultation being held by MHCLG on the draft revised National Planning Policy Framework.

A copy of the covering letter can be viewed here, and the consultation response can be viewed here.