‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’
Falcon Chambers, 29th June 2020
Source: www.falcon-chambers.com
‘The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.’
Local Government Lawyer, 6th July 2020
Source: www.localgovernmentlawyer.co.uk
‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’
No. 5 Chambers, 19th June 2020
Source: www.no5.com
‘The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.’
Francis Taylor Building, 19th June 2020
Source: www.ftbchambers.co.uk
‘Two joint property owners have been found guilty of illegally sub-dividing a building into seven substandard flats in a prosecution brought by the London Borough of Camden.’
Local Government Lawyer, 25th June 2020
Source: www.localgovernmentlawyer.co.uk
‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’
Local Government Lawyer, 19th June 2020
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has declined to hear a judicial review application concerning the inclusion of an “informative” into a certificate of lawfulness of existing use or development (“a CLEUD”).’
Local Government Lawyer, 18th June 2020
Source: www.localgovernmentlawyer.co.uk
‘On 6 June 2020, The Times reported plans to suspend Sunday trading laws for a year and give cafés and pubs fast-track approval to serve food and drink outside. Draft legislation is awaited. However, the likely changes are summarised below.’
4-5 Gray's Inn Square, 8th June 2020
Source: www.4-5.co.uk
‘In this case comment, Stephen McNaught, Mark McMurray, Josh Risso-Gill and Gael Hardie, who all work within the planning team at CMS, comment on the decision recently handed down by the UK Supreme Court in the matter of Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20, which concerned “listed buildings”.’
UKSC Blog, 12th June 2020
Source: ukscblog.com
‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’
Landmark Chambers, 8th June 2020
Source: www.landmarkchambers.co.uk
‘A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.’
Local Government Lawyer, 11th
Source: www.localgovernmentlawyer.co.uk
‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’
Daily Telegraph, 5th June 2020
Source: www.telegraph.co.uk
‘Over half the UK’s wealth is in property. That is more than £7 trillion in just England and Wales, of which around £1-1.5 trillion is secured by lending. The provision of sufficient housing of the right type, in the right places and at affordable prices is a perennial problem. A crisis existed before the Corona-19 virus appeared. The Secretary of State for Housing, Robert Jenrick, described this as an “acute housing need in this country” As we continue to work through lockdown, we must contemplate life afterwards. No-one has a crystal ball. However, mature thinking and past experience might illuminate possible pathways.’
33 Bedford Row, 18th May 2020
Source: www.33bedfordrow.co.uk
‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’
4-5 Gray's Inn Square, 29th May 2020
Source: www.4-5.co.uk
‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’
Francis Taylor Building, 22nd May 2020
Source: www.ftbchambers.co.uk
‘An application for the approval of reserved matters does not amount to a new application for planning permission.’
Tanfield Chambers, 28th May 2020
Source: www.tanfieldchambers.co.uk
‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’
Law Society's Gazette, 20th May 2020
Source: www.lawgazette.co.uk
‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’
UKSC Blog, 27th May 2020
Source: ukscblog.com
‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
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