Planning Update July 2024
Compensation for loss of valuable habitat could be addressed by Grampian condition.
A council refused planning permission for 54 dwellings due to the loss of a priority habitat (a lowland meadow) and the alleged absence of justification and appropriate mitigation. A Grampian measure to provide lowland meadow grassland units on land listed in order of preference prior to development was agreed during the hearing. The inspector was satisfied this would compensate for the loss of an important habitat and secure a biodiversity net gain in excess of 10% and allowed the appeal.
Planning partners, Chrisa Tsompani, Stephanie Hall and Nigel Hewitson explain:
This highlights the requirement for local authorities to ensure that they have sufficient capacity to be able to engage in ecology matters in a timely matter, which may place a burden on authorities who are under-resourced in this specialist area. This requirement will be amplified now that mandatory BNG has been introduced.
Find out more here.
Chrisa Tsompani (Partner)
Chrisa Tsompani is a Planning Partner at Davitt Jones Bould. She is highly experienced in complex planning and environmental issues, having advised on planning and highway agreements, Biodiversity Net Gain, development control, enforcement, planning policy, s106 and s111 agreements as well as compulsory purchase orders to name a few.
Stephanie Hall (Partner)
Stephanie is a specialist Planning Solicitor. She has been ranked in the Legal 500 both in 2023 and 2024, with clients describing her as ‘’practical, commercially minded, approachable and clear in her advice’’. Whilst working at Manchester City Council, she was twice recognised as one of the top 10 local authority planning lawyers in Planning Magazine’s annual survey.
Nigel Hewitson (Partner)
Nigel is an expert in planning law and listed buildings. He co-wrote the leading authority textbook, “Listed Buildings and Other Heritage Assets” (6th Ed) and is a Member of the Legal Sub Panel for the Institute of Historic Building Conservation. He has advised on major planning projects including the Stonehenge/A303 Tunnel Public Inquiry and multiple public inquiries into tall buildings in London including The Shard.
ABOUT DAVITT JONES BOULD:
Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester, and Birmingham ensuring truly national coverage.
The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.
Davitt Jones Bould is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester, Birmingham and Taunton, we have a national presence.
The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.
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