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

Hopeless but not the same? – Local Government Lawyer

Posted November 11th, 2024 in housing, judicial review, local government, news, planning by tracey

‘The High Court recently considered the scope of s70A Town and Country Planning Act 1990. Arevik Jackson looks at the lessons from the judgment.’

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Local Government Lawyer, 8th November 2024

Source: www.localgovernmentlawyer.co.uk

Review led by leading planning barrister sets out recommendations for speeding up handling of legal challenges to major infrastructure projects – Local Government Lawyer

Posted October 29th, 2024 in judicial review, news, planning, reports by tracey

‘Claimants should have fewer “bites at the cherry” when seeking permission for judicial review of development consent orders (DCOs) made under the Nationally Significant Infrastructure Projects (NSIP) regime, an independent review by leading planning barrister Lord Charles Banner KC has recommended.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

High Court issues jail sentences for pair who built access point onto A road – Local Government Lawyer

Posted October 28th, 2024 in local government, news, planning, road safety, roads, sentencing, suspended sentences by tracey

‘A High Court judge has handed jail sentences to a man and a woman who built an access point onto an A road without planning permission.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Oil-drilling expansion challenge to go uncontested – BBC News

‘A legal challenge against the expansion of an oil-drilling site in North Lincolnshire is to be uncontested.’

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BBC News, 24th October 2024

Source: www.bbc.co.uk

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

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Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

Stonehenge conservation group fails in Court of Appeal bid for judicial review of dual carriageway development consent – Local Government Lawyer

Posted October 22nd, 2024 in appeals, historic buildings, judicial review, local government, news, planning, roads by tracey

‘Save Stonehenge World Heritage Site, a conservation group aiming to protect the prehistoric structure, has failed in a judicial review challenge to the previous Government’s decision to approve a £2.5bn road scheme through the site.’

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Local Government Lawyer, 21st October 2024

Source: www.localgovernmentlawyer.co.uk

High Court judge dismisses statutory challenge by town council over permission for 146-home scheme, saying he did not have power to extend time for service – Local Government Library

Posted October 7th, 2024 in civil procedure rules, housing, local government, news, planning, service, time limits by michael

‘A deputy High Court judge has dismissed a statutory review challenge brought by a town council over a planning inspector’s grant of permission for a 146-dwelling scheme, after finding that the court had no power to extend time for service of proceedings after they were served late by the claimant’s solicitors.’

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Local Government Lawyer, 4th October 2024

Source: www.localgovernmentlawyer.co.uk

Chicken farm row reaches High Court – BBC News

‘Campaigners will be taking on Shropshire Council in the High Court as a seven-year dispute over an industrial-scale chicken farm continues.’

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BBC News, 3rd october 2024

Source: www.bbc.co.uk

Ombudsman rejects complaint in case where complainant alleged she had lost £150k+ due to handling of planning applications – Local Government Lawyer

Posted October 2nd, 2024 in complaints, enforcement, local government, news, ombudsmen, planning by tracey

‘A woman who complained to the Local Government and Social Care Ombudsman about a planning dispute she claims cost her £150,000 has been told the Ombudsman cannot investigate her complaint.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

Claimant group wins judicial review over retrospective effect of quashing of pre-commencement condition discharge – Local Government Lawyer

Posted September 12th, 2024 in judicial review, news, planning, retrospectivity by tracey

‘The High Court has found that quashing a pre-commencement condition discharge can have retrospective effect and invalidate the commencement of development.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk