‘Chelmsford City Council’s planning committee did not commit itself to give consent for a housing development when it indicated support but deferred its decision, the High Court has found.’
Local Government Lawyer, 9th December 2021
Source: www.localgovernmentlawyer.co.uk
‘Isle of Wight Council’s decision that a privately owned way in Ryde was not a “road” for the purposes of the Traffic Regulation Act 1984 has been overturned, following a High Court legal challenge.’
Local Government Lawyer, 6th December 2021
Source: www.localgovernmentlawyer.co.uk
‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’
The Guardian, 6th December 2021
Source: www.theguardian.com
‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’
Local Government Lawyer, 26th November 2021
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’
Local Government Lawyer, 16th November 2021
Source: www.localgovernmentlawyer.co.uk
‘A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.’
Local Government Lawyer, 1st November 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge recently accused four councils of abusing the court’s processes by failing to progress interim injunctions granted against “persons unknown”. Roderick Morton looks at the challenges faced by local authorities.’
Local Government Lawyer, 29th October 2021
Source: www.localgovernmentlawyer.co.uk
‘The National Planning Policy Framework (NPPF) is silent on whether an earlier oversupply of housing can affect a council’s future five-years land supply for homes.’
Local Government Lawyer, 22nd October 2021
Source: www.localgovernmentlawyer.co.uk
‘Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.’
Local Government Lawyer, 8th October 2021
Source: www.localgovernmentlawyer.co.uk
‘Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant’s appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.’
Local Government Lawyer, 10th September 2021
Source: www.localgovernmentlawyer.co.uk
‘The government is poised to abandon key elements of its “radical and necessary” overhaul of England’s planning laws – which ministers argued would “help us build the homes our country desperately needs” – following a backlash from Tory MPs and voters in the south, according to a report.’
The Independent, 11th September 2021
Source: www.independent.co.uk
‘A council has avoided liability for compensation for the effects of a rare “revocation order” made by them to revoke a planning permission granted in error for residential development by launching a Councillor-led judicial review of the grant after the revocation order proceedings had commenced. Meyric Lewis explains what happened.’
Local Government Lawyer, 20th August 2021
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’
UKSC Blog, 30th July 2021
Source: ukscblog.com
‘Campaigners including archaeologists, environmental groups and druids have won a high court battle to prevent a controversial road project that includes a tunnel near Stonehenge.’
The Guardian, 30th July 2021
Source: www.theguardian.com
‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’
UKSC Blog, 21st July 2021
Source: ukscblog.com
‘The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.’
Local Government Lawyer, 19th July 2021
Source: www.localgovernmentlawyer.co.uk
‘Skiing off-piste is dangerous. Reasons include instability of snow, hidden rocks and cliff edges and inaccessibility. Similarly, if local authority planning committee members go ‘off-piste’ in determining an issue against officer recommendations, without giving intelligible and adequate reasons for doing so, their decision risks a fatal crash in the High Court. So on 21 May 2021 Mrs Justice Tipples quashed planning consent given by Cornwall County Council for the development of a detached two-storey agricultural dwelling with garage and parking in the Rame Head area of outstanding natural beauty (AONB) against officer recommendations. This was because the council ‘was under a common law duty to give reasons for the grant of planning permission’ and it was ‘a case where the defects in reasons go to the heart of the justification for permission and undermine its validity.’ The case in question was R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin).’
Law Society's Gazette, 19th July 2021
Source: www.lawgazette.co.uk
‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’
Local Government Lawyer, 24th June 2021
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Barnet has been accused of breaching equalities legislation by a Muslim group in a planning case.’
Local Government Lawyer, 15th June 2021
Source: www.localgovernmentlawyer.co.uk
‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
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