<![CDATA[The Planning, Environment & Property Podcast]]>9f1a8a63-ef4d-5775-8ffb-433792f5cbfbTue, 10 Jun 2025 15:15:00 +0000Captivate.fm39 Essex Chambershttps://artwork.captivate.fm/25c7318a-2bc7-4d3c-9bb2-5f433174f3a2/o_I9HQb9DXSwl181O3erz1iG.jpgThe Planning, Environment & Property Podcast39 Essex Chambers39 Essex ChambersThe Planning, Environment & Property Podcast is brought to you by the members of the 39 Essex Chambers.https://www.39essex.com/category/podcasts/falseepisodicnopodcastHot Topics Episode 7: Demystifying Noise Evidence - with Rupert Thornely Taylor - Part 2Hot Topics Episode 7: Demystifying Noise Evidence - with Rupert Thornely Taylor - Part 2Noise impacts are an issue which often crops up as part of planning and infrastructure applications either because the development applied for is noisy or the environment into which it is proposed to be introduced is noisy. The evidence is often complex and difficult for those of us who aren’t seasoned noise experts to understand.

Who better to de-mystify noise evidence than Rupert Thornely-Taylor? Rupert has practiced in the field of noise for many years and it is no understatement to state that he is a leader in his field. He was awarded the Rayleigh medal by the Institute of Acoustics for his outstanding contribution to acoustics in 2016.

Victoria Hutton, member of 39 Essex Chambers, is joined by Rupert Thornely Taylor, Managing Director of Rupert Taylor Ltd for two episodes. Part one deals with the basics of noise assessment, noise policy and some examples of how noise impacts upon decision-making. Part two addresses the agent of change principle and nuisance.

]]>Noise impacts are an issue which often crops up as part of planning and infrastructure applications either because the development applied for is noisy or the environment into which it is proposed to be introduced is noisy. The evidence is often complex and difficult for those of us who aren’t seasoned noise experts to understand.

Who better to de-mystify noise evidence than Rupert Thornely-Taylor? Rupert has practiced in the field of noise for many years and it is no understatement to state that he is a leader in his field. He was awarded the Rayleigh medal by the Institute of Acoustics for his outstanding contribution to acoustics in 2016.

Victoria Hutton, member of 39 Essex Chambers, is joined by Rupert Thornely Taylor, Managing Director of Rupert Taylor Ltd for two episodes. Part one deals with the basics of noise assessment, noise policy and some examples of how noise impacts upon decision-making. Part two addresses the agent of change principle and nuisance.

]]>3fcc3dd1-a5e4-4caf-83b4-c2e4e91cae3aWed, 14 Aug 2024 06:00:00 +010019:29falsefull222239 Essex ChambersHot Topics Episode 6: Demystifying Noise Evidence - with Rupert Thornely Taylor - Part 1Hot Topics Episode 6: Demystifying Noise Evidence - with Rupert Thornely Taylor - Part 1Noise impacts are an issue which often crops up as part of planning and infrastructure applications either because the development applied for is noisy or the environment into which it is proposed to be introduced is noisy. The evidence is often complex and difficult for those of us who aren’t seasoned noise experts to understand.

Who better to de-mystify noise evidence than Rupert Thornely-Taylor? Rupert has practiced in the field of noise for many years and it is no understatement to state that he is a leader in his field. He was awarded the Rayleigh medal by the Institute of Acoustics for his outstanding contribution to acoustics in 2016.

Victoria Hutton, member of 39 Essex Chambers, is joined by Rupert Thornely Taylor, Managing Director of Rupert Taylor Ltd for two episodes. Part one deals with the basics of noise assessment, noise policy and some examples of how noise impacts upon decision-making. Part two addresses the agent of change principle and nuisance.

]]>Noise impacts are an issue which often crops up as part of planning and infrastructure applications either because the development applied for is noisy or the environment into which it is proposed to be introduced is noisy. The evidence is often complex and difficult for those of us who aren’t seasoned noise experts to understand.

Who better to de-mystify noise evidence than Rupert Thornely-Taylor? Rupert has practiced in the field of noise for many years and it is no understatement to state that he is a leader in his field. He was awarded the Rayleigh medal by the Institute of Acoustics for his outstanding contribution to acoustics in 2016.

Victoria Hutton, member of 39 Essex Chambers, is joined by Rupert Thornely Taylor, Managing Director of Rupert Taylor Ltd for two episodes. Part one deals with the basics of noise assessment, noise policy and some examples of how noise impacts upon decision-making. Part two addresses the agent of change principle and nuisance.

]]>053b24e6-8d29-4fbb-a526-5b3e1903e797Wed, 14 Aug 2024 06:00:00 +010025:55falsefull212139 Essex ChambersHot Topics Episode 4: How should Greenhouse Gas Emissions be Cumulatively Assessed?Hot Topics Episode 4: How should Greenhouse Gas Emissions be Cumulatively Assessed?In this episode Tora Hutton and Rose Grogan discuss the Court of Appeal’s decision in R(oao Boswell) v Secretary of State for Transport [2024] EWCA CIv 145 which considered the lawfulness of the Secretary of State’s approach to the cumulative assessment of three road transport schemes in Norfolk.

]]>In this episode Tora Hutton and Rose Grogan discuss the Court of Appeal’s decision in R(oao Boswell) v Secretary of State for Transport [2024] EWCA CIv 145 which considered the lawfulness of the Secretary of State’s approach to the cumulative assessment of three road transport schemes in Norfolk.

]]>ec967923-e4f1-4e1b-ab1f-f1fbc1f1029eFri, 07 Jun 2024 05:00:00 +010022:12falsefull191939 Essex ChambersHot Topics Episode 3: Housing for key workers, is this the new affordable housing model?Hot Topics Episode 3: Housing for key workers, is this the new affordable housing model?Tora Hutton is joined by Paul Stinchcombe KC and Ian Parker of McPartland Planning to discuss their recent success in promoting an appeal scheme for affordable housing for key workers in the Green Belt. They consider whether this approach is likely to be replicated in other areas of the country.

]]>Tora Hutton is joined by Paul Stinchcombe KC and Ian Parker of McPartland Planning to discuss their recent success in promoting an appeal scheme for affordable housing for key workers in the Green Belt. They consider whether this approach is likely to be replicated in other areas of the country.

]]>0a59796e-b499-4a1a-b8c6-839381bead04Wed, 08 May 2024 06:00:00 +010026:55falsefull181839 Essex ChambersHot Topics Episode 2: Is there now momentum in favour of housing appeals in the green belt being allowed? - A St Albans case studyHot Topics Episode 2: Is there now momentum in favour of housing appeals in the green belt being allowed? - A St Albans case studyTora Hutton is joined by Paul Stinchcombe KC of 39 Essex Chambers to discuss whether recent appeal decisions mean that there is now momentum in favour of grants of planning permission for residential development in the Green Belt. They look at St Albans as a case study.

]]>Tora Hutton is joined by Paul Stinchcombe KC of 39 Essex Chambers to discuss whether recent appeal decisions mean that there is now momentum in favour of grants of planning permission for residential development in the Green Belt. They look at St Albans as a case study.

]]>bd0bf9ec-fe1b-41f3-bc5f-5381cf67a093Wed, 01 May 2024 06:00:00 +010018:30falsefull171739 Essex ChambersEpisode 1: Introduction - Hot Topics in Planning and Environmental Law SeriesEpisode 1: Introduction - Hot Topics in Planning and Environmental Law SeriesIn this episode, Tora Hutton provides a short introduction to the podcast series Hot Topics in Planning and Environmental Law.

-

In this podcast series Tora Hutton interviews fellow members of 39 Essex Chambers and special guests on hot topics in the planning and environmental space. Each episode will focus on a discrete subject. Whether the focus is an important judgment, an appeal decision, a policy amendment or a longstanding issue affecting practitioners the podcast will inform and, hopefully, entertain.

]]>In this episode, Tora Hutton provides a short introduction to the podcast series Hot Topics in Planning and Environmental Law.

-

In this podcast series Tora Hutton interviews fellow members of 39 Essex Chambers and special guests on hot topics in the planning and environmental space. Each episode will focus on a discrete subject. Whether the focus is an important judgment, an appeal decision, a policy amendment or a longstanding issue affecting practitioners the podcast will inform and, hopefully, entertain.

]]>5bc99842-683a-425d-824a-f3c1c015dac0Wed, 01 May 2024 06:00:00 +010001:32falsefull161639 Essex ChambersLobbying Councillors: Writing to the CommitteeLobbying Councillors: Writing to the CommitteeIn the second in his short series on lobbying councillors, Richard Harwood QC looks at how, when and what to write when making representations to councillors.

]]>In the second in his short series on lobbying councillors, Richard Harwood QC looks at how, when and what to write when making representations to councillors.

]]>b60cf770-a76d-49bf-a5b6-ba5645351689Tue, 23 Mar 2021 09:00:00 +010009:29falsefull151539 Essex ChambersPlanning and the way out of Lockdown for HospitalityPlanning and the way out of Lockdown for HospitalityWhat can cafes, restaurants, pubs and attractions do to increase trade outdoors as lockdown eases? More space? Marquees? Richard Harwood QC looks at the planning and pavement licensing rules that apply.

]]>What can cafes, restaurants, pubs and attractions do to increase trade outdoors as lockdown eases? More space? Marquees? Richard Harwood QC looks at the planning and pavement licensing rules that apply.

]]>3c9451d8-cb91-49f3-a503-3edae557aa19Mon, 15 Mar 2021 15:00:00 +010014:23falsefull141439 Essex ChambersEqIAs: Ignore their significance at your perilEqIAs: Ignore their significance at your perilIn this episode John Pugh-Smith looks at Equalities Impact Assessments (EqIAs) in the context of planning and traffic schemes, highlighted  by the recent High Court success of the London Taxi Drivers in their challenge to the Mayor’s Streetspace plan in R(oao United Trade Action Group) v Transport for London and Mayor of London [2021] EWHC 72 (Admin).

]]>In this episode John Pugh-Smith looks at Equalities Impact Assessments (EqIAs) in the context of planning and traffic schemes, highlighted  by the recent High Court success of the London Taxi Drivers in their challenge to the Mayor’s Streetspace plan in R(oao United Trade Action Group) v Transport for London and Mayor of London [2021] EWHC 72 (Admin).

]]>72e1bd56-d577-4f30-8c56-9788f44fb965Thu, 04 Mar 2021 09:30:00 +010022:22falsefull121239 Essex ChambersWhen Fixation Becomes Legal IrrationalityWhen Fixation Becomes Legal IrrationalityIn this episode John Pugh-Smith looks at the circumstances in which this ground  of challenge was upheld by Mrs Justice Lang in  R(United Trade Action Group) v Transport for London and Mayor of London [2021] EWHC 72 (Admin) and by Mr Justice Holgate in R ( Pearce) v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin).

]]>In this episode John Pugh-Smith looks at the circumstances in which this ground  of challenge was upheld by Mrs Justice Lang in  R(United Trade Action Group) v Transport for London and Mayor of London [2021] EWHC 72 (Admin) and by Mr Justice Holgate in R ( Pearce) v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin).

]]>f9511129-78a4-4135-b22c-a846393e0d91Thu, 04 Mar 2021 09:00:00 +010011:42falsefull131339 Essex ChambersLessons To Be Learned From “That” Parish Council MeetingLessons To Be Learned From “That” Parish Council MeetingIn this episode John Pugh-Smith discusses the procedural issues surrounding Handforth’s Parish Council’s infamous Zoom meeting.

]]>In this episode John Pugh-Smith discusses the procedural issues surrounding Handforth’s Parish Council’s infamous Zoom meeting.

]]>e145a201-335f-4b66-9f90-00a2a6a05984Thu, 04 Mar 2021 09:00:00 +010018:43falsefull111139 Essex ChambersPension Schemes and Climate Change – a discussion of the new changesPension Schemes and Climate Change – a discussion of the new changesIn this episode, Katherine Apps and Gethin Thomas discuss the Pensions Schemes Bill 2019, passed through Parliament on 19 January 2019, which create regulation making powers to impose governance and information publication duties on pension schemes in relation to climate change. They also discuss the government consolation response, draft regulations and Pension Regulator’s enforcement powers in relation to these new climate change duties. They discuss how those powers and regulations have been structured, what practical impact this might have on investment decisions by pension schemes and the possible shape of potential future legal challenges.

This is a companion podcast to their article. 

]]>In this episode, Katherine Apps and Gethin Thomas discuss the Pensions Schemes Bill 2019, passed through Parliament on 19 January 2019, which create regulation making powers to impose governance and information publication duties on pension schemes in relation to climate change. They also discuss the government consolation response, draft regulations and Pension Regulator’s enforcement powers in relation to these new climate change duties. They discuss how those powers and regulations have been structured, what practical impact this might have on investment decisions by pension schemes and the possible shape of potential future legal challenges.

This is a companion podcast to their article. 

]]>4e9d5bcf-fac2-43e5-b620-fa7c2f2bfccfMon, 08 Feb 2021 15:45:00 +010009:42falsefull101039 Essex ChambersCan you lobby councillors? Richard Harwood OBE QCCan you lobby councillors? Richard Harwood OBE QCIn the first of a short series on lobbying councillors, Richard Harwood QC looks at the Holborn Studios (No2) judgment and asks the fundamental question: is there a right to communicate directly with elected politicians?

]]>In the first of a short series on lobbying councillors, Richard Harwood QC looks at the Holborn Studios (No2) judgment and asks the fundamental question: is there a right to communicate directly with elected politicians?

]]>878e43d1-8d9c-40ac-a388-a28d904d85b1Mon, 25 Jan 2021 02:00:00 +010015:05falsefull9939 Essex ChambersPlanning Court ReformPlanning Court ReformRichard Harwood QC considers the four different ways of bringing proceedings in the Planning Court and asks whether four should become one.

]]>Richard Harwood QC considers the four different ways of bringing proceedings in the Planning Court and asks whether four should become one.

]]>9604dede-77b8-4b13-8a8e-edbaf04758ceTue, 24 Nov 2020 16:30:00 +010014:21falsefull8839 Essex ChambersThat ADR FeelingThat ADR FeelingIn this episode John Pugh-Smith considers this topic in the context of the current round of consultation on changes to the Judicial Review: the Government commissioned Faulks’ Independent Review of Administrative Law (which closed on 26th October) and the Civil Justice Council’s review of Pre-Action Protocols (which opened on 27th October and closes on 18th December). He also considers, by way of example, the case of R (on the application of Janice Hemms) v Bath & North East Somerset Council & Kate Chubb [2020] EWHC 2721 (Admin), a recent decision of Sir Ross Cranston, former Head off the Administrative Court, sitting as a Deputy High Court Judge.  

]]>In this episode John Pugh-Smith considers this topic in the context of the current round of consultation on changes to the Judicial Review: the Government commissioned Faulks’ Independent Review of Administrative Law (which closed on 26th October) and the Civil Justice Council’s review of Pre-Action Protocols (which opened on 27th October and closes on 18th December). He also considers, by way of example, the case of R (on the application of Janice Hemms) v Bath & North East Somerset Council & Kate Chubb [2020] EWHC 2721 (Admin), a recent decision of Sir Ross Cranston, former Head off the Administrative Court, sitting as a Deputy High Court Judge.  

]]>bebce63f-01ab-4a95-bbd6-2796c87fa97aThu, 12 Nov 2020 13:15:00 +010027:00falsefull7739 Essex ChambersOpenness in a year of LockdownsOpenness in a year of LockdownsIn this episode John Pugh-Smith reviews the Higher Courts cases on the correct approach to this Green Belt thorny issue, starting with the Supreme Court’s judgment in R (Samuel Smith Old Brewery (Tadcaster) Ltd) v North Yorkshire County Council [2020] UKSC 3 , and, those of the Court of Appeal in Hook v Secretary for Housing, Communities and Local Government [2020] EWCA Civ 486,  R (Liverpool Open and Green Spaces Community Interest Company) v Liverpool City Council [2020] EWCA Civ 81 and ,  R (Lochairlot Investments Ltd v Mendip District Council & Norton St Philip Parish Council [2020] EWCA Civ 1259. 

]]>In this episode John Pugh-Smith reviews the Higher Courts cases on the correct approach to this Green Belt thorny issue, starting with the Supreme Court’s judgment in R (Samuel Smith Old Brewery (Tadcaster) Ltd) v North Yorkshire County Council [2020] UKSC 3 , and, those of the Court of Appeal in Hook v Secretary for Housing, Communities and Local Government [2020] EWCA Civ 486,  R (Liverpool Open and Green Spaces Community Interest Company) v Liverpool City Council [2020] EWCA Civ 81 and ,  R (Lochairlot Investments Ltd v Mendip District Council & Norton St Philip Parish Council [2020] EWCA Civ 1259. 

]]>5a1244a5-bbbb-46b5-9e3d-5d9304993cf9Thu, 05 Nov 2020 13:30:00 +010010:41falsefull6639 Essex ChambersThat Technical Traps Submission - John Pugh-SmithThat Technical Traps Submission - John Pugh-SmithIn this episode John Pugh-Smith, wearing his hat as an arbitrator and neutral dispute resolver, discusses the significance of the recent case of Norfolk Homes Ltd v North Norfolk DC [2020] EWHC 2265 (QB) on the interpretation of Section 106 deeds and obligations and why a more lenient approach to Local Planning Authorities has been judicially rejected.

]]>In this episode John Pugh-Smith, wearing his hat as an arbitrator and neutral dispute resolver, discusses the significance of the recent case of Norfolk Homes Ltd v North Norfolk DC [2020] EWHC 2265 (QB) on the interpretation of Section 106 deeds and obligations and why a more lenient approach to Local Planning Authorities has been judicially rejected.

]]>a0110bb7-2dd9-4b1f-bd7c-3dc557f5e73fWed, 21 Oct 2020 12:00:00 +010008:03falsefull5539 Essex ChambersAn Opportunity Not to Be Missed Again - John Pugh-SmithAn Opportunity Not to Be Missed Again - John Pugh-SmithIn this episode John Pugh-Smith FSA FCIArb, a leading mediator and promoter of the use of its facilitative techniques in the planning and compensation systems, discusses how it can be utilised not just help the Government deliver the intentions behind the current Planning White Paper but also the current planning system

]]>In this episode John Pugh-Smith FSA FCIArb, a leading mediator and promoter of the use of its facilitative techniques in the planning and compensation systems, discusses how it can be utilised not just help the Government deliver the intentions behind the current Planning White Paper but also the current planning system

]]>6e6e7c0e-3619-411f-9136-d8877404ac73Wed, 21 Oct 2020 11:30:00 +010007:43falsefull4439 Essex ChambersCold War – with Richard Harwood QCCold War – with Richard Harwood QCIn this episode, Richard discusses the planning battle over a relic of the Cold War in Cambridge and asks what does it tell us about ourselves?

]]>In this episode, Richard discusses the planning battle over a relic of the Cold War in Cambridge and asks what does it tell us about ourselves?

]]>e3113996-6ecc-4196-8a3e-6d7369d6294aMon, 05 Oct 2020 09:00:00 +010018:29falsefull3339 Essex ChambersCONTROLLING DEMOLITION IN PLANNING AND THE SAVE BRITAIN’S HERITAGE LANCASTER CASE - Richard Harwood OBE QCCONTROLLING DEMOLITION IN PLANNING AND THE SAVE BRITAIN’S HERITAGE LANCASTER CASE - Richard Harwood OBE QCIn this podcast, Richard Harwood QC looks at how planning law finally took control over the demolition of buildings. In 2009 the former Mitchell’s Brewery site was the subject of an epic battle as SAVE Britain’s Heritage fought to save it, challenging the government’s Demolition Direction in the process.

]]>In this podcast, Richard Harwood QC looks at how planning law finally took control over the demolition of buildings. In 2009 the former Mitchell’s Brewery site was the subject of an epic battle as SAVE Britain’s Heritage fought to save it, challenging the government’s Demolition Direction in the process.

]]>69f9f63a-3440-4eeb-87c6-367bf32e051eMon, 21 Sep 2020 11:00:00 +010011:53falsefull2239 Essex ChambersA SHORT HISTORY OF SHORT CUTS IN THE PLANNING SYSTEM - Richard Harwood OBE QCA SHORT HISTORY OF SHORT CUTS IN THE PLANNING SYSTEM - Richard Harwood OBE QCIn this podcast, Richard Harwood QC looks at the numerous ways of obtaining planning consent without making a planning application to the local authority and asks, how far have development orders and zoning been used?

]]>In this podcast, Richard Harwood QC looks at the numerous ways of obtaining planning consent without making a planning application to the local authority and asks, how far have development orders and zoning been used?

]]>0b32b5ae-4522-48b9-9112-20a335b7a728Mon, 21 Sep 2020 09:00:00 +010011:27falsefull1139 Essex Chambers