Category: planning

Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by sally

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

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The Guardian, 16th June 2022

Source: www.theguardian.com

Hands off our park: Shrewsbury takes its council to the supreme court – The Guardian

Posted June 6th, 2022 in appeals, housing, local government, news, parks, planning, Supreme Court by sally

‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’

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The Guardian, 5th June 2022

Source: www.theguardian.com

Judge rejects legal challenge to grant of planning permission in dispute over whether committee could impose condition requiring 12 ecological corridor – Local Government Lawyer

Posted May 23rd, 2022 in environmental protection, judicial review, local government, news, planning by sally

‘A High Court judge has dismissed a judicial review challenge of BCP Council’s decision to grant full planning permission for a substantial mixed use development in Bournemouth.’

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Local Government Lawyer, 23rd May 2022

Source: www.localgovernmentlawyer.co.uk

Did you see? You may have missed… Mr Charles Beresford Davies-Gilbert v Mr Henry James Goacher, Mr Steven Adrian Chester [2022] EWHC 969 – Gatehouse Chambers

Posted May 20th, 2022 in burden of proof, chambers articles, news, planning, reasons, restrictive covenants by sally

‘The Claimant was the owner and/or estate manager of land known as the Gilbert Estate. The Defendants were both freehold owners of land subject to restrictive covenants in favour of land owned by the Claimant. The relevant covenant prohibited any construction without a written licence, “such licence not to be unreasonably withheld.”’

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Gatehouse Chambers, 11th May 2022

Source: gatehouselaw.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

Posted May 18th, 2022 in confiscation, housing, landlord & tenant, local government, news, planning, proceeds of crime by sally

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

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Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Levelling Up and Regeneration Bill – how is the planning system changing? – Local Government Lawyer

Posted May 17th, 2022 in bills, local government, news, planning by sally

‘Bob Pritchard picks out key elements of the explanatory notes to the Levelling Up and Regeneration Bill to see what changes are in store for the planning system.’

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Local Government Lawyer, 16th May 2022

Source: www.localgovernmentlawyer.co.uk

EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog

Posted May 13th, 2022 in construction industry, electricity, local government, news, planning, roads, taxation by sally

‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’

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Practical Law: Construction Blog, 11th May 2022

Source: constructionblog.practicallaw.com

Council facing judicial review challenge over approval of plans to double size of poultry farm – Local Government Lawyer

Posted May 12th, 2022 in agriculture, environmental protection, fisheries, judicial review, local government, news, planning, pollution, Wales by sally

‘A judicial review application has been made against Powys County Council over its decision to grant planning permission for the expansion of a poultry farm that is in the catchment area of a Special Area of Conservation.’

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Local Government Lawyer, 10th May 2022

Source: www.localgovernmentlawyer.co.uk

Wetlands protection law delays building of new homes in England – The Guardian

Posted May 3rd, 2022 in environmental protection, housing, local government, news, planning, pollution, water by sally

‘A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

High Court quashes grant of planning permission by Secretary of State for Holocaust memorial – Local Government Lawyer

Posted April 11th, 2022 in Judaism, local government, news, parks, parliament, planning by sally

‘A High Court judge has quashed the Secretary of State’s decision to grant planning permission for a Holocaust memorial and learning centre in a park bordering the Palace of Westminster.’

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Local Government Lawyer, 11th April 2022

Source: www.localgovernmentlawyer.co.uk

Breach of injunction preventing works on woodland site sees landowner receive jail sentence – Local Government Lawyer

Posted April 8th, 2022 in environmental protection, imprisonment, injunctions, local government, news, planning, sentencing, trees by sally

‘A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Judge’s ruling due on legal challenge against Holocaust memorial site – The Independent

Posted April 8th, 2022 in Judaism, news, parliament, planning by sally

‘Campaigners are due to learn whether or not they have won a High Court challenge over plans to build a national Holocaust memorial next to the Houses of Parliament.’

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The Independent, 7th April 2022

Source: www.independent.co.uk

High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers

Posted April 8th, 2022 in chambers articles, housing, local government, news, planning by sally

‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’

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No. 5 Chambers, 4th April 2022

Source: www.no5.com

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Planning Court judge rejects out of time bid to challenge Community Infrastructure Levy liability – Local Government Lawyer

Posted March 31st, 2022 in judicial review, local government, news, planning, time limits by sally

‘A challenge to an East Suffolk Council community infrastructure levy (CIL) liability notice was made so long outside the time allowed for judicial review that there was no reason to vary this, the High Court has ruled.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Judge refuses Tesco permission to bring judicial review challenges over permissions for new Aldi store – Local Government Lawyer

Posted March 30th, 2022 in judicial review, local government, news, planning by sally

‘A High Court judge has refused Tesco permission to bring two judicial review claims over grants of planning permission by Havering Council that will facilitate a new Aldi store in Romford.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Adders and slowworms to gain extra protection under new system in England – The Guardian

Posted March 30th, 2022 in animals, budgets, environmental protection, government departments, news, planning by sally

‘Adders and slowworms will be among animals given extra protection under plans by the government to “streamline” the process for protecting nature-rich areas.’

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The Guardian, 29th March 2022

Source: www.theguardian.com

Supreme Court agrees to hear case where town council sold land subject to statutory trust without complying with statutory requirements – Local Government Lawyer

Posted March 29th, 2022 in appeals, local government, news, planning, sale of land, trusts by sally

‘The Supreme Court has granted permission to appeal in a dispute over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

In accordance with parameter plans – Local Government Lawyer

Posted March 25th, 2022 in interpretation, local government, news, planning by sally

‘What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.’

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Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Council prosecution sees homeowner ordered to pay £40k+ for unauthorised extension – Local Government Lawyer

Posted March 21st, 2022 in confiscation, enforcement notices, fines, housing, local government, news, planning by sally

‘A homeowner who built a side and rear extension without planning permission, was refused planning permission, and then failed to demolish the extension which was being rented out as an independent self-contained unit has been ordered to pay more than £40,000 by way of a fine, costs and a confiscation order.’

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Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk