‘A High Court judge has granted the London Borough of Islington a possession order for a development site where protesters are occupying a copse scheduled for destruction.’
Local Government Lawyer, 2nd February 2021
Source: www.localgovernmentlawyer.co.uk
‘The conflict between the need for open spaces for recreation and the availability of land for residential development has resulted in another interesting Court of Appeal decision, writes Christopher Cant.’
Local Government Lawyer, 29th January 2021
Source: www.localgovernmentlawyer.co.uk
‘On 28 January 2021 the Supreme Court will hear the appeal in Campaign to Protect Rural England (Kent) (Appellant) v. Secretary of State for Communities and Local Government (Respondent). The case concerns two issues. First, the extent to which a court can make an adverse costs order in favour of more than one defendant or interested party in a planning case, where permission to apply for statutory or judicial review is refused. Second, how the capping mechanism in the Aarhus Convention costs regime properly applies to cases in which permission is refused.’
UKSC Blog, 27th January 2021
Source: ukscblog.com
‘A plan to build more than 20,000 homes in rural Oxfordshire, championed by secretary of state for housing Robert Jenrick, is facing a legal challenge from residents who say it is incompatible with the government’s legally binding commitments to tackle the climate emergency.’
The Guardian, 28th January 2021
Source: www.theguardian.com
‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’
Parklane Plowden Chambers, 18th January 2021
Source: www.parklaneplowden.co.uk
‘Planning analysis: The High Court held that it was not an abuse of process to bring an ordinary civil claim concerning the construction of an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (a section 106 agreement). The judge said that, while the validity of a section 106 agreement is highly likely to be a question of public law, suitable only for judicial review (except where it is raised as a defence to an ordinary claim by a local planning authority to enforce an agreement), the construction of TCPA 1990, s 106 agreement was not different in principle to the construction of any contract.’
No. 5 Chambers, 22nd January 2021
Source: www.no5.com
‘Shropshire Council has won a case in the Court of Appeal 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.’
Local Government Lawyer, 7th January 2021
Source: www.localgovernmentlawyer.co.uk
‘A Welsh council has won an appeal to the Divisional Court over a ruling that informations it laid under s.179 of the Town and Country Planning Act 1990 were defective.’
Local Government Lawyer, 6th January 2021
Source: www.localgovernmentlawyer.co.uk
‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’
Local Government Lawyer, January 2021
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’
The Guardian, 16th December 2020
Source: www.theguardian.com
‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’
The Guardian, 16th December 2020
Source: www.theguardian.com
‘A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats.’
Local Government Lawyer, 14th December 2020
Source: www.localgovernmentlawyer.co.uk
‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’
Local Government Lawyer, 3rd December 2020
Source: www.localgovernmentlawyer.co.uk
‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’
The Guardian, 30th November 2020
Source: www.theguardian.com
‘A campaign group is planning a legal challenge over the transport secretary’s decision to approve a £1.7bn tunnel near Stonehenge.’
BBC News, 30th November 2020
Source: www.bbc.co.uk
‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’
Local Government Lawyer, 20th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’
39 Essex Chambers, 9th November 2020
Source: www.39essex.com
‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’
Local Government Lawyer, 16th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’
The 36 Group, October 2020
Source: 36group.co.uk
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