Outline Webinar: Planning Appeals - The Latest Trends - 9th July 2026

In this edition Trevor Ivory (Partner) and Pieter Claussen (Legal Director) discuss trends that are emerging from recent planning appeal decisions. On data centres, Trevor and Pieter identified trends including: The clear move post-2024 general election to a more positive approach which can be seen most clearly in the progression between the appeal decisions in: -Woodlands 2023 - Woodlands 2023 Appeal inspector's report and decision letter ( https://inform-new.dlapiper.com/43/53... ) - refused. -Link Park 2022 - Link Park Iver Appeals A and B decision letter ( https://www.ftbchambers.co.uk/images/... ) - refused. -Court Lane 2024 - Court Lane inspector report and decision letter ( https://acp.planninginspectorate.gov.... ) - allowed. This appeal was discussed in detail in the Outline session on 15 January 2025 (    • Outline 34: Data Centre Special - 15 Janua...   ). -Abbots Langley 2024 - Abbots Langley Inspector Report and Decision Letter ( https://acp.planninginspectorate.gov.... ) – allowed. -Woodlands 2 2025 - Woodlands 2 inspector report and decision letter ( https://acp.planninginspectorate.gov.... ) - allowed a smaller scheme than proposed in 2023, but shows the shift in policy.– allowed a smaller scheme than proposed in 2023, but shows the shift in policy. -Manor Farm 2026 - Manor Farm inspector report and decision letter ( https://acp.planninginspectorate.gov.... ) - allowed. The importance of the introduction of grey belt policy in the NPPF 2024 – see Abbots Langley. The designation of data centres as development of critical national significance, and recognition that eg hyperscale data centres need to be in particular locations – see Court Lane and Manor Farm. Overall, schemes must demonstrate a convincing package with the need case, locational requirements etc clearly justified. On grey belt policy: This was introduced in the December 2024 NPPF. Para 155 provides that development of previously developed land in the green belt, or other green belt land that doesn’t strongly contribute to green belt grounds a, b and d (generally relating to checking development sprawl), isn’t considered inappropriate development in the green belt, so very special circumstances don’t need to be demonstrated. Some of the emerging trends discussed are: Small settlements are not generally enough to engage green belt grounds a) and b) which relate to towns not villages – see eg Abbots Langley and Manor Farm. Inspectors want evidence that there is a need for the type of development proposed, eg Elstree appeal for an extended film studio (not new film studio). Also Epping Forest – need for extension to existing concrete block manufacturer. A site-specific green belt assessment is likely to have more weight with the inspector than relying on a local plan level assessment. If there are NPPF para 11 footnote 7 considerations they must be addressed in the appeal to justify why this is not a strong reason for refusal. Grey belt designation is not determinative – Keynsham Garden Centre – refused as it was not a sustainable location. The greater willingness to grant permission in grey belt will only apply to an appropriate scheme which is well evidenced. On Climate Change: The main case is Finch in the Supreme Court ( https://supremecourt.uk/cases/uksc-20... ). This was covered in a previous Outline Session (    • Episode 18: 2022 Case Law Review - 19 Janu...   ). Trends discussed were: PINS making greater use of Reg 25 EIA requests for further and better environmental information, particularly in relation to climate change and greenhouse gas emissions. This can have implications for inquiry timing. Inspectors placing more weight on the development’s contribution to decarbonisation and net zero eg for battery storage facilities. In the Wysall appeal the early contribution to net zero was given great weight. But the development must be otherwise supported by policy – for example the Coal Aston appeal where BESS development was refused in a narrow green belt gap. Inspectors want developers to explain how impacts will be mitigated and the development won’t increase demand for fossil fuels eg for data centres - Manor Farm. This could also potentially impact eg large housing development. Climate assessment needs to be done early and be robust. Ignore this at your peril, particularly if the development involves significant combustion of fossil fuels.