‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’
UK Human Rights Blog, 13th February 2020
Source: ukhumanrightsblog.com
‘A Planning Court judge has dismissed a judicial review challenge over the Secretary of State for Transport’s decision to decline to accept that development proposed in a planning application for Stansted Airport was a nationally significant infrastructure project.’
Local Government Lawyer, 10th February 2020
Source: www.localgovernmentlawyer.co.uk
‘In a thorough judgment, which contains a careful and detailed analysis of the relevant statutory provisions, Holgate J accepts the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits applicants and local planning authorities to agree extensions of time for the determination of such applications in writing. In doing so, he expressly disapproves of the decision of Mr Mark Ockelton (sitting as a Deputy Judge of the High Court) in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council [2019] EWHC 2007 (Admin), which he has held “should not be followed”.’
Francis Taylor Building, 31st January 2020
Source: www.ftbchambers.co.uk
‘The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.’
Local Government Lawyer, 7th February 2020
Source: www.localgovernmentlawyer.co.uk
‘This issue in this appeal was whether the local planning authority, properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework.’
UKSC Blog, 5th February 2020
Source: ukscblog.com
‘The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.’
Local Government Lawyer, 31st January 2020
Source: www.localgovernmentlawyer.co.uk
‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’
Law Society's Gazette, 3rd January 2020
Source: www.lawgazette.co.uk
‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’
The Guardian, 30th January 2020
Source: www.theguardian.com
‘Planning analysis: In Haden v Shropshire Council, the High Court rejected a legal challenge to a local planning authority’s (LPA’s) decision to grant planning permission for development of a sand and gravel quarry in the green belt. Nina Pindham, a barrister at No5 Barristers’ Chambers and counsel for the defendant, considers the case and its implications.’
No. 5 Chambers, 23rd January 2020
Source: www.no5.com
‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’
Local Government Lawyer, 15th January 2020
Source: www.localgovernmentlawyer.co.uk
‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’
Local Government Lawyer, 16th January 2020
Source: www.localgovernmentlawyer.co.uk
‘In a detailed judgment handed down today (14 January), Mrs Justice Lieven has ruled that, as a matter of principle, unincorporated associations have capacity to bring both judicial review proceedings and statutory challenges in their own name. Whilst in certain circumstances the addition or substitution of named individuals may be necessary for practical reasons such as security for costs, or where there is uncertainty about membership of the body, the inclusion of named individuals is not necessary for the validity of the claim.’
Landmark Chambers, 14th January 2020
Source: www.landmarkchambers.co.uk
‘A resident who claimed to be a ‘Freeman of the land’ has been fined £15,000 for refusing to remove an unlawfully built extension that covered the whole of his back garden.’
Local Government Lawyer, 6th January 2020
Source: www.localgovernmentlawyer.co.uk
‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’
Local Government Lawyer, 3rd January 2020
Source: www.localgovernmentlawyer.co.uk
‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’
Practical Law Construction Blog, 17th December 2019
‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’
The Guardian, 14th December 2019
Source: www.theguardian.com
‘The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’
Local Government Lawyer, 27th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’
OUT-LAW.com, 20th November 2019
Source: www.pinsentmasons.com
‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’
Landmark Chambers, 14th November 2019
Source: www.landmarkchambers.co.uk
‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’
Local Government Lawyer, 18th November 2019
Source: www.localgovernmentlawyer.co.uk
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