Judge quashes grant of planning permission for extension of holiday park over failure to give adequate reasons – Local Government Lawyer

Posted February 14th, 2025 in holidays, local government, news, planning by Lily

‘The Planning Court has quashed the grant of planning permission for a multi-million pound extension of a caravan park, following a legal challenge brought by local residents.’

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Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Reforms to the NSIP Regime proposed in Government working paper – Local Government Lawyer

Posted February 11th, 2025 in bills, consultations, local government, news, planning by tracey

‘Alastair Lewis, Emyr Thomas, Emily Knowles and James Goldthorpe look over proposed changes to the planning system in the Planning and Infrastructure Bill.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals – Local Government Lawyer

‘The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an “appropriate assessment” to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

Judicial review set to begin over new bridge – BBC News

Posted February 4th, 2025 in environmental protection, judicial review, news, parks, planning, universities by tracey

‘A row over plans for a new bridge over the Thames is due to go to judicial review later.’

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BBC News, 4th February 2025

Source: www.bbc.co.uk

Planning, Environment and Property Newsletter – Winter 2025 Edition – 39 Essex Chambers

Posted January 30th, 2025 in chambers articles, environmental protection, local government, news, planning by tracey

‘Welcome to our January 2025 edition of the Planning Environment & Property Newsletter. A very Happy New Year to you all. The end of 2024 saw a significant array of development in the realms of planning policy, legislation and consultations and there is a lot more to come!’

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39 Essex Chambers, 23rd January 2025

Source: www.39essex.com

Sam Guy: The Government’s Plan to Reform Infrastructure Judicial Review – UK Constitutional Law Association

Posted January 28th, 2025 in civil procedure rules, judicial review, news, planning by sally

‘On 23 January, Sir Keir Starmer announced plans to “stop blockers getting in the way” of infrastructure development, by introducing restrictions on judicial review of infrastructure projects. Notwithstanding this government’s consistent commitment to reforming the planning system, so as to galvanise infrastructure and housing delivery, and its forthcoming Planning and Infrastructure Bill, the announcement of these particular proposals may have come as something of a surprise to public lawyers. The proposals are, though, largely reflective of an Independent review into legal challenges against Nationally Significant Infrastructure Projects led by Lord Banner KC (“the Banner Review”), which was commissioned by the previous Conservative government, and they follow on from the Ministry of Justice’s call for evidence on implementing some of Lord Banner’s proposals, which ran from 28 October 2024 to 30 December 2024.’

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UK Constitutional Law Association, 28th January 2025

Source: ukconstitutionallaw.org

Administrative Law Principles in Context: Environmental Assessment Goes Up in Flames- Cambridge Law Journal

Posted January 24th, 2025 in climate change, environmental protection, local government, miners, news, planning by sally

‘A massive reduction in the combustion of fossil fuels will be required if the UK is to meet its target of “net zero” carbon emissions by 2050. At a global scale, reliance on fossil fuels will need to be greatly reduced if irreversible impacts on the environment are to be avoided. It is against this background that the Supreme Court has had to answer the following question: in circumstances where there is an obligation to consider the environmental effects of a development proposal for the extraction of fossil fuels, must the climate impacts of the eventual combustion of those fossil fuels be assessed?’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Frome residents win five-year battle for community-led housing project – The Guardian

Posted January 24th, 2025 in local government, news, planning by sally

‘Residents of a “renegade” Somerset market town have won their battle to create an innovative 5-hectare (12-acre) community-led development that includes homes, workspaces and a lido, after councillors agreed to sell a large brownfield site to the not-for-profit social enterprise behind the project.’

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The Guardian, 23rd January 2025

Source: www.theguardian.com

Legal challenges to UK infrastructure projects to be blocked in push for growth – The Guardian

Posted January 23rd, 2025 in airports, energy, environmental protection, judicial review, news, planning, railways by sally

‘Campaigners will be blocked from “excessive” legal challenges to planning decisions for major infrastructure projects including airports, railways and nuclear power stations as part of the government’s drive for economic growth.’

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The Guardian, 23rd January 2025

Source: www.theguardian.com

Wrexham councillor wins appeal over High Court ruling which led to warnings it would be contempt if members of local authority did not adopt local plan – Local Government Lawyer

Posted January 7th, 2025 in contempt of court, local government, news, planning, Wales by tracey

‘The Court of Appeal has ruled in favour of a Plaid Cymru councillor who challenged an order made by a High Court judge that Wrexham County Borough Council had no discretion but to adopt its local plan.’

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Local Government Lawyer, 6th January 2025

Source: www.localgovernmentlawyer.co.uk

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Incinerator plans review approved by High Court – BBC News

Posted December 19th, 2024 in news, planning, waste by sally

‘A High Court review into plans to build an incinerator near Dorset’s Unesco World Heritage site has been given permission to go ahead.’

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BBC News, 17th December 2024

Source: www.bbc.co.uk

Court of Appeal hands down ruling on restrictions on use of section 73 TCPA – Local Government Lawyer

Posted December 12th, 2024 in energy, local government, news, planning by sally

‘Test Valley Borough Council has lost a case in the Court of Appeal over the use of section 73 of the Town and County Planning Act 1990.’

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Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk

Minister warns prison space may run out despite expansion plans – BBC News

Posted December 11th, 2024 in Ministry of Justice, news, planning, prisons, statistics by sally

‘The justice secretary has said even under the government’s plans to open 14,000 more prison places, they could still run out of space over the next few years.’

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BBC News, 11th December 2024

Source: www.bbc.co.uk

Legal fight against homes between protected commons – BBC News

Posted December 4th, 2024 in commons, environmental protection, housing, local government, news, planning by tracey

‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

Perception of harm as a material planning consideration – Local Government Lawyer

Posted December 2nd, 2024 in environmental protection, local government, news, planning by tracey

‘The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

When AI meets planning – Local Government Lawyer

Posted November 25th, 2024 in artificial intelligence, local government, news, planning by tracey

‘Roy Pinnock and Maria Polycarpou look at the need to strike a balance between efficiency and clarity when it comes to the use of AI in the field of planning.’

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Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

World Heritage Sites – the Stonehenge judgment – Local Government Lawyer

Posted November 25th, 2024 in appeals, local government, monuments, news, planning, roads by tracey

‘Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.’

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Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

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Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Much ado about timescales – planning challenges – Local Government Lawyer

Posted November 12th, 2024 in areas of outstanding natural beauty, housing, news, planning, service, time limits by tracey

‘A High Court judge recently dismissed a statutory challenge brought by a town council over permission for a 146-home scheme, saying he did not have power to extend time for service. Alex Minhinick and Emily Kell-Rowan analyse the judgment.’

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Local Government Lawyer, 9th November 2024

Source: www.localgovernmentlawyer.co.uk