A number of decisions have stood out to us over the last month which we thought it would be useful to flag as they suggest trends are emerging.

The first is the increased scrutiny on design in house building. The press has widely reported on the controversial decision by DLUHC in relation to the Berkeley Homes application for 165 homes on the basis that the design was generic. Berkeley Homes had indicated its intention to challenge this refusal in the High Court, partly because the housing land supply (HLS) figure the Secretary of State used to justify the decision was out of date. The Secretary of State is understood to have written to the developer to say he will ask the courts to quash his original decision, made on his behalf by planning minister Rachel Maclean, and will make a new decision which omits the HLS grounds. However, it is also worth noting that the Secretary of State has called in two further residential applications to review the extent to which the developments are consistent with policies for achieving well designed places. If you are advising on a scheme where design is a key issue, it is worth being aware that this is coming under increased scrutiny.

The second is the trend in solar applications for the provision of biodiversity net gain (BNG) to contribute to making out very special circumstances (VSC) that are required to justify inappropriate green belt development. Rotherham Metropolitan Borough Council in South Yorkshire has resolved to approve a planning application for a 49.9MW scheme, submitted by developer Banks Renewables. When considering whether VSC exist, officers noted a range of benefits arising from the scheme, including a substantial biodiversity net gain of 69.4%, the scheme's projected provision of energy for 18,800 homes substantially contributing to net zero targets, no alternative suitable sites for the scheme and economic benefits. The application has been referred to the Secretary of State who will consider whether it will be called in for a final decision at ministerial level. North Tyneside Council has granted planning permission to Northumberland Estates for a change of use of land and construction of solar photovoltaic panels (up to 28 megawatts), plus associated infrastructure and buildings. Officers attributed substantial weight to the provision of renewable and low-carbon energy and moderate to substantial weight to the scheme’s significant provision of biodiversity net gain of 17.45% for area habitats and 50.30% for hedgerows.

If you have any queries on how these issues affect schemes you are working on, please contact senior associate Matthew Tucker for any queries on design in house building and partner Alex Minhinick on VSC in solar green belt schemes.