Category: planning

Case Comment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

Posted July 22nd, 2021 in judicial review, news, planning, statutory interpretation, Supreme Court, time limits by sally

‘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.’

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UKSC Blog, 21st July 2021

Source: ukscblog.com

Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs – Local Government Lawyer

Posted July 21st, 2021 in judicial review, local government, news, planning, school children, special educational needs by sally

‘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.’

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Local Government Lawyer, 19th July 2021

Source: www.localgovernmentlawyer.co.uk

Perils of going against officer advice – Law Society’s Gazette

Posted July 20th, 2021 in agriculture, areas of outstanding natural beauty, environmental protection, news, planning, reasons by sally

‘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).’

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Law Society's Gazette, 19th July 2021

Source: www.lawgazette.co.uk

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings – Local Government Lawyer

Posted June 24th, 2021 in change of use, consultations, equality, licensed premises, local government, news, planning by sally

‘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.’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

Group accuses London borough of religious discrimination in planning dispute – Local Government Lawyer

Posted June 15th, 2021 in equality, Islam, local government, news, planning, religious discrimination by sally

‘The London Borough of Barnet has been accused of breaching equalities legislation by a Muslim group in a planning case.’

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Local Government Lawyer, 15th June 2021

Source: www.localgovernmentlawyer.co.uk

Delegating negotiation of s.106 agreements to officers – Local Government Lawyer

Posted June 14th, 2021 in appeals, housing, local government, news, planning by tracey

‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’

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Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Council defeats Court of Appeal challenge over Elephant and Castle redevelopment – Local Government Lawyer

Posted June 3rd, 2021 in appeals, housing, local government, news, planning, ultra vires by sally

‘A local activist group has lost a challenge at the Court of Appeal to the London Borough of Southwark’s grant of planning permission for a major redevelopment of the Elephant and Castle area.’

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Local Government Lawyer, 2nd June 2021

Source: www.localgovernmentlawyer.co.uk

Judge quashes planning permission for development of former hospital site over appraisal of relocation of 500-year-old tree – Local Government Lawyer

Posted May 25th, 2021 in hospitals, listed buildings, news, planning, trees by sally

‘A Planning Court judge has quashed Tower Hamlets Council’s grant of planning permission and listed building consent for residential development of the former London Chest Hospital.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word – Local Government Lawyer

Posted May 21st, 2021 in appeals, local government, news, planning, Supreme Court by tracey

‘Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

Posted May 17th, 2021 in appeals, local government, news, planning, statutory interpretation, Supreme Court, time limits by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Johnson’s planning laws an ‘utter disaster’, say countryside campaigners – The Guardian

Posted May 12th, 2021 in bills, environmental protection, government departments, housing, leases, local government, news, planning by sally

‘A dramatic loosening of planning laws to create a housebuilding boom will damage local democracy and destroy swathes of countryside by granting property developers a freer hand to build over green fields, planning experts have warned.’

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The Guardian, 11th May 2021

Source: www.theguardian.com

High Court judge hands down ruling on lawful scope of statutory consultation response – Local Government Lawyer

Posted April 30th, 2021 in consultations, local government, news, planning, roads by tracey

‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’

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Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

Council refused permission to appeal High Court ruling on failure to comply with duty to cooperate – Local Government Lawyer

Posted April 19th, 2021 in appeals, local government, news, planning, statutory duty by tracey

‘Sevenoaks District Council has been refused permission to appeal a Planning Court ruling rejecting its legal challenge to a finding by a planning inspector that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990 – No. 5 Chambers

Posted April 14th, 2021 in appeals, chambers articles, enforcement notices, government departments, local government, news, planning by sally

‘Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990) heard together, the High Court quashed an inspector’s decision to uphold an appeal against an enforcement notice and to grant planning permission. The TCPA 1990, s 289 challenge had been conceded in advance of the hearing, but the parties disagreed about whether the inspector’s decision should be quashed in its entirety as a consequence. Mrs Justice Lang allowed the TCPA 1990, s 288 challenge on the basis of failures in the inspector’s consideration of development plan policies, but said that she would have quashed the decision anyway.’

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No. 5 Chambers, 8th April 2021

Source: www.no5.com

New and repeat lessons from CIL appeal decisions – Local Government Lawyer

Posted April 1st, 2021 in appeals, delay, news, planning, regulations, service by tracey

‘The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.’

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Local Government Lawyer, 1st April 2021

Source: www.localgovernmentlawyer.co.uk

Housing case law update – March 2021 – Local Government Lawyer

Posted March 31st, 2021 in change of use, coronavirus, costs, homelessness, housing, indemnities, injunctions, local government, news, ombudsmen, planning, rent, repayment, repossession by tracey

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

MPs launch inquiry into Government approach to permitted development rights – Local Government Lawyer

Posted March 25th, 2021 in housing, inquiries, local government, news, planning, select committees by sally

‘The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).’

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Local Government Lawyer, 24th March 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds length of sentences for planning breaches – Local Government Lawyer

Posted March 18th, 2021 in coronavirus, news, planning, sentencing, suspended sentences, travellers by sally

‘Eight people who committed repeated breaches of planning permission and court orders while trying to establish a site in Basildon have had their sentences confirmed after failing to convince the Court of Appeal that their punishments were too severe.’

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Local Government Lawyer, 18th March 2021

Source: www.localgovernmentlawyer.co.uk

Landlord ordered to pay nearly £200,000 after unlawfully turning property into 13 flats – Local Government Lawyer

Posted March 9th, 2021 in confiscation, costs, enforcement notices, fines, landlord & tenant, news, planning by tracey

‘A landlord who turned a property in Walthamstow into 13 flats has been ordered to pay nearly £200,000 in fines, costs and a confiscation order.’

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Local Government Lawyer, 8th March 2021

Source: www.localgovernmentlawyer.co.uk

Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway – Pallant Chambers

Posted March 5th, 2021 in appeals, chambers articles, news, planning, roads, statutory interpretation by sally

‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’

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Pallant Chambers, 26th February 2021

Source: www.pallantchambers.co.uk