The government's much anticipated Planning and Infrastructure Bill (Bill) has made its way to the House of Lords and is currently at the committee stage.
On 17 July 2025 the committee discussed various amendments to the Bill, but did not get as far as amendment 169 which was proposed by Lord Banner. The amendment is designed to address the impact of the Supreme Court's decision in Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 (Hillside).
If the amendment is accepted and is made law in its current form it would resolve the issue of overlapping planning permissions as it confirms that where there is more than one planning permission which relates to some or all of the same land, the lawfulness of both past and future development carried out pursuant to one of those planning permissions shall be unaffected unless such development is expressly prohibited in one of the planning permissions or a section 106 agreement. This new provision would only apply where one of the relevant planning permissions is granted after the Bill becomes law.
It is particularly apt that the amendment has been proposed by Lord Banner as he was the lead KC acting for Hillside Parks Ltd in the Supreme Court. On 24 July the Bill will be further discussed by the committee in the House of Lords.
If you would like further information or to discuss this please contact
Jade.Chalmers@howardkennedy.com
or Bob.Sadler@howardkennedy.com
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